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BUFFALOW v. U.S.

No. 95-17089.

109 F.3d 570 (1997)

Henry D. BUFFALOW, Jr., Plaintiff-counter-claim-defendant-Appellant, v. UNITED STATES of America, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1997.

Attorney(s) appearing for the Case

David M. Kirsch, San Jose, CA, for the plaintiff-counter-claim-defendant-appellant.

Gary R. Allen and David I. Pincus, Tax Division, United States Department of Justice, Washington, DC, for the defendant-counter-claimant-appellee.

Before BRUNETTI, FERNANDEZ, and HAWKINS, Circuit Judges.

FERNANDEZ, Circuit Judge.

Henry D. Buffalow, Jr. appeals from the district court's judgment in favor of the United States in which the court determined that he was responsible for the payment of a penalty because of the failure to pay over taxes withheld from employees' wages by Buffalow's, Inc. in 1989 and 1990. He asserts that he is not responsible for the penalty because his failure to pay the taxes was not willful and because various tax payments, which were made...

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