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LOCAL 141 FUND v. U.S.

No. 94-3689.

64 F.3d 245 (1995)

SHEET METAL WORKERS LOCAL 141 SUPPLEMENTAL UNEMPLOYMENT BENEFIT TRUST FUND, Plaintiff-Appellee, v. UNITED STATES of America, Internal Revenue Service, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 5, 1995.

Attorney(s) appearing for the Case

Harold George Korbee (argued and briefed), Wood & Lamping, Cincinnati, OH, for plaintiff-appellee.

Gilbert S. Rothenberg, Frank P. Cihlar (argued), Paula K. Speck, Gary R. Allen, Acting Chief (briefed), U.S. Dept. of Justice, Appellate Section Tax Div., Washington, DC, for defendant-appellant.

Before: WELLFORD, NELSON, and RYAN, Circuit Judges.

WELLFORD, Circuit Judge.

We are presented with a tax refund case that raises a question of first impression in this circuit: whether payments to employee-beneficiaries derived from the liquidation of a supplemental unemployment benefit trust fund are "wages" within the meaning of the Federal Insurance Contributions Act ("FICA") and the Federal Unemployment Tax Act ("FUTA"). The district court concluded that the payments in this case were not wages. For the reasons...

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