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MARVEL v. UNITED STATES

No. 80-1497.

719 F.2d 1507 (1983)

Fred MARVEL and Angela Marvel, d/b/a Marvel Photo, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 26, 1983.

Attorney(s) appearing for the Case

James L. Edgar, Tulsa, Okl., for plaintiffs-appellants.

Anthony Ilardi, Jr., Atty., Dept. of Justice, Washington, D.C. (M. Carr Ferguson, Asst. Atty. Gen., Michael L. Paup and Carleton D. Powell, Attys., Tax Div., Dept. of Justice, Washington, D.C., Hubert H. Bryant, U.S. Atty., Tulsa, Okl., were also on brief), for defendant-appellee.

Before HOLLOWAY, DOYLE and SEYMOUR, Circuit Judges.

HOLLOWAY, Circuit Judge.

Taxpayers Fred and Angela Marvel appeal from a judgment of the district court finding taxpayers liable for unpaid Federal Insurance Contribution Act (FICA), Federal Unemployment Tax Act (FUTA), and federal withholding taxes. Taxpayers contend that the district court erred (1) in referring their case to a federal magistrate for trial without statutory or constitutional sanction, (2) in finding that certain individuals who performed services...

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