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GODFREY v. UNITED STATES

Nos. 84-801, 84-831.

748 F.2d 1568 (1984)

Dudley J. GODFREY, Jr., Appellant/Cross-Appellee, v. UNITED STATES, Appellee/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

November 30, 1984.

Attorney(s) appearing for the Case

Richard S. Marcus, Godfrey & Kahn, Milwaukee, Wis., argued for appellant/cross-appellee.

James Urdan, Quarles & Brady, Milwaukee, Wis., was also counsel for appellant/cross-appellee.

Richard Perkins, Washington, D.C., argued for appellee/cross-appellant. With him on brief were Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Lisa A. Prager, Washington, D.C.

Before MARKEY, Chief Judge, and NIES and NEWMAN, Circuit Judges.

MARKEY, Chief Judge.

Appeal from a judgment of the United States Claims Court, 3 Cl.Ct. 595 (1983), holding Dudley J. Godfrey, Jr. (Godfrey) liable for $159,361.26 of unpaid accrued taxes of Career Academies, Inc. (Career) pursuant to Internal Revenue Code section 6672, the 100 percent tax penalty provision.1 We reverse in part and vacate in part.

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