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JOHNSON CITY MEDICAL CENTER v. U.S.

No. 92-5499.

999 F.2d 973 (1993)

JOHNSON CITY MEDICAL CENTER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 23, 1993.

Rehearing and Suggestion for Rehearing Denied September 9, 1993.

Attorney(s) appearing for the Case

D. Michael Swiney, Andrew R. Tillman (briefed), Paine, Swiney & Tarwater, Knoxville, TN, Mark A. Borreliz (argued and briefed), Heller, Borreliz & Katz, Jamie W. Katz (briefed), Heller, Borreliz & Katz, Boston, MA, for plaintiff-appellant.

Joseph F. Minni, Trial Atty., U.S. Dept. of Justice, Tax Div., Gary R. Allen, Acting Chief (briefed), Jonathan S. Cohen, Sara K. Knutson (argued), U.S. Dept. of Justice, Appellate Section Tax Div., Washington, DC, for defendant-appellee.

Before: KEITH and BATCHELDER, Circuit Judges; and CHURCHILL, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 9, 1993.*

KEITH, Circuit Judge.

Plaintiff-Appellant, Johnson City Medical Center ("the hospital"), appeals from the district court's judgment on behalf of the United States, dismissing all of the plaintiff's claims for recovery of FICA taxes. For the reasons stated below, we AFFIRM.

I.

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