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UNITED STATES v. INTERCONTINENTAL INDUSTRIES, INC.

Nos. 78-1519, 78-1520.

635 F.2d 1215 (1980)

UNITED STATES of America, Plaintiff-Appellee and Cross-Appellant, v. INTERCONTINENTAL INDUSTRIES, INC., Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 29, 1980.

Rehearing Denied February 12, 1981.

Attorney(s) appearing for the Case

Dean Carlton, The Carlton Firm, Dallas, Tex., for defendant-appellant and cross-appellee.

James K. Robinson, U. S. Atty., Detroit, Mich., M. Carr Ferguson, Asst. Atty. Gen., Gilbert Andrews, Jonathan S. Cohen, Timothy McBride, JoAnn Horn, Tax Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee and cross-appellant.

Before ENGEL and BROWN, Circuit Judges, and WISEMAN, District Judge.

BAILEY BROWN, Circuit Judge.

This case presents cross appeals by the government and a taxpayer from a decision in the district court for the Eastern District of Michigan. The court, the Honorable John Feikens, sitting without a jury, found taxpayer Intercontinental Industries, Inc. (INI) liable for $62,598.95 in unpaid withholding taxes under 26 U.S.C. § 3505(b) (1976). The court refused, however, to impose approximately $30,000 in additional liability for prejudgment...

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