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MALLOY v. U.S.

No. 92-4984.

17 F.3d 329 (1994)

Susan A. MALLOY, Plaintiff-Counter-Claim Defendant, John E. Malloy, Jr., Defendant-Counter-Claim Plaintiff-Appellant, Moralmar Kitchen Cabinets, et al., Defendants-Counter-Claim Plaintiffs, v. UNITED STATES of America, Defendant-Counter-Claim Plaintiff-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 24, 1994.

Attorney(s) appearing for the Case

Larry V. Bishins, Ft. Lauderdale, FL, Stephen R. Gladstone, Boca Raton, FL, for defendant-counter-claim plaintiff-appellant.

Michael L. Paup Tax Div. Appellate Section Dept. of Justice, William Estabrook, Kenneth W. Rosenberg, Washington, DC, for defendant-counter-claim plaintiff-appellee.

Before COX and DUBINA, Circuit Judges, and CLARK, Senior Circuit Judge.

CLARK, Senior Circuit Judge:

This is an appeal from the district court's order assessing a tax penalty against appellant John E. Malloy, Jr., pursuant to 26 U.S.C. § 6672. Following a non-jury trial, the district court concluded that Malloy was a responsible person who willfully failed to pay over withholding taxes for the employees of Sun Property Management International, Inc. ("SPMII"), for the last quarter of 1982 and the first two quarters of 1983. We affirm...

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