WILLIAMS v. U.S.

No. 90-7157.

931 F.2d 805 (1991)

Elliott T. WILLIAMS, Plaintiff, v. UNITED STATES of America, Defendant-Counterclaim and Third-Party Plaintiff, Appellant, v. Larry HOUSE, Third-Party Defendant Appellee.

United States Court of Appeals, Eleventh Circuit.

May 17, 1991.


Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., Caryl P. Privett, Asst. U.S. Atty., Birmingham, Ala., Gary R. Allen, Chief, David M. Moore, Richard Farber, Brian C. Griffin, Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., for defendant-counterclaim and third-party plaintiff-appellant.

Stephen L. Poer, Haskell, Slaughter & Young, Birmingham, Ala., for third-party defendant-appellee.

Before CLARK and BIRCH, Circuit Judges, and COFFIN, Senior Circuit Judge.


BIRCH, Circuit Judge:

The United States District Court for the Northern District of Alabama ("the District Court") entered judgment in favor of Larry House ("House") in accordance with jury verdicts finding House not liable under 26 U.S.C. § 6672 ("section 6672") for willful failure to collect and pay over federal employment taxes withheld from the wages of employees of American Intermedical Resources, Inc. ("AIR"). The United States subsequently filed a motion...

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