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INLANDBOATMEN'S UNION v. U.S.

No. 91-35073.

972 F.2d 258 (1992)

INLANDBOATMEN'S UNION OF THE PACIFIC NATIONAL HEALTH BENEFIT TRUST; Ken Ghovik; Burrill Hatch; Frank Briglia; Jerry Dowd; Jim Dunnigan; Elton Ellert; John Gouveia; Warner Nelson; John Perryman; Richard Palmer, Trustees of the Inlandboatmen's Union of the Pacific National Health Benefit Trust, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1992.

As Amended on Denial of Rehearing September 1, 1992.

Suggestion for Rehearing Rejected September 1, 1992.

Attorney(s) appearing for the Case

Fred T. Hanna, Brownstein, Rask, Sweeney, Kerr, Grim & DeSylvia, Portland, Or., for plaintiffs-appellants.

Gary R. Allen, and Teresa T. Milton, Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before: WALLACE, Chief Judge, GOODWIN, Circuit Judge, and CROCKER, District Judge.

Suggestion for Rehearing En Banc Rejected September 1, 1992.

GOODWIN, Circuit Judge:

Inlandboatmen's Union of Pacific National Health Benefit Trust and its trustees (collectively, the "Trust") appeal the district court's denial of a tax refund. The Trust had sued the United States seeking a refund under 26 U.S.C. § 3302(b) of taxes it had paid pursuant to the Federal Unemployment Tax Act ("FUTA"). 26 U.S.C. ...

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