BRADSHAW v. U.S.

Nos. 94-4018, 94-4064.

83 F.3d 1175 (1995)

J. Larry BRADSHAW, Plaintiff-Counterclaim Defendant-Appellee, v. UNITED STATES of America, Defendant-Counterclaimant-Appellant.

United States Court of Appeals, Tenth Circuit.

Order Denying Rehearing April 18, 1996.


Attorney(s) appearing for the Case

J. Jay Bullock, Salt Lake City, Utah, for Plaintiff-Counterclaim Defendant-Appellee.

Bruce R. Ellisen, Attorney, Tax Division, Department of Justice, Washington, D.C. (Loretta C. Argrett, Assistant Attorney General, and Jonathan A. Wasserman, Attorney, Department of Justice, Washington, D.C., and Scott M. Matheson, United States Attorney, Salt Lake City, Utah, with him on the brief), for Defendant-Counterclaimant-Appellant.

Before TACHA and HOLLOWAY, Circuit Judges, and ELLISON, District Judge.


HOLLOWAY, Circuit Judge.

The government as Defendant-Appellant appeals from a judgment of the district court awarding Plaintiff-Appellee J. Larry Bradshaw a judgment against the United States with respect to a penalty assessment against plaintiff under 26 U.S.C. § 6672 for failure to pay over withholding taxes. Jurisdiction in this court is proper under 28 U.S.C. § 1291.1

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