DAVIS v. U.S.

No. 90-16209.

961 F.2d 867 (1992)

Dan O. DAVIS, Plaintiff-counter-claim-defendant-Appellant, v. UNITED STATES of America, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 14, 1992.


Attorney(s) appearing for the Case

David M. Kirsch, San Jose, Cal., for plaintiff-counter-claim-defendant-appellant.

Bruce R. Ellisen, Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant-counter-claimant-appellee.

Before: CHAMBERS, TANG and TROTT, Circuit Judges.


TANG, Circuit Judge:

Dan Davis, the president and major shareholder of ITAC Corporation, appeals a jury verdict finding him liable for willfully failing to pay withholding and social security taxes for ITAC's employees for the last quarter of 1981 and the first two quarters of 1982. Davis had argued that he was not a responsible officer and that his subsequent preference of other creditors over the Internal Revenue Service ("IRS") did not evince "willfulness." The...

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