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RIDGEWELL'S, INC. v. UNITED STATES

No. 149-80T.

655 F.2d 1098 (1981)

RIDGEWELL'S, INC. v. The UNITED STATES.

United States Court of Claims.

July 29, 1981.

Attorney(s) appearing for the Case

Robert D. Grossman, Jr., Washington, D. C., atty. of record, for plaintiff; Grossman & Flask, P. C., Washington, D. C., of counsel.

Marc Levey, Washington, D. C., with whom was Acting Asst. Atty. Gen., John F. Murray, Washington, D. C., for defendant; Theodore D. Peyser, Jr., and Robert S. Watkins, Washington, D. C., of counsel.

Before COWEN, Senior Judge, and DAVIS and BENNETT, Judges.

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

BENNETT, Judge, delivered the opinion of the court:

This tax refund case comes before the court on plaintiff's motion for summary judgment and defendant's opposition thereto. The dispute centers around whether certain individuals are employees of plaintiff with the consequence that plaintiff would have to withhold and pay the taxes imposed by the FICA,1 FUTA,2

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