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ALSHESKIE v. U.S.

No. 93-55003.

31 F.3d 837 (1994)

Albert A. ALSHESKIE, Plaintiff-Counter-Defendant-Appellee, v. UNITED STATES of America, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1994.

Attorney(s) appearing for the Case

Gary R. Allen, Richard Farber, Joan I. Oppenheimer, Tax Div., U.S. Dept. of Justice, Washington, DC, for defendant-counter-claimant-appellant.

Evelyn J. Gruen, Simi Valley, CA, for plaintiff-counter-defendant-appellee.

Before: FARRIS, O'SCANNLAIN and TROTT, Circuit Judges.

Opinion by Judge FARRIS; Dissent by Judge TROTT.

FARRIS, Circuit Judge:

The district court held that Albert Alsheskie, president of Lion Manufacturing, Inc., was not liable for penalties assessed against him under 26 U.S.C. § 6672 based on Lion Manufacturing's failure to pay its 1986 taxes in full. The government appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

The controlling law is settled. The Internal Revenue Code...

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