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STAFF IT, INC. v. U.S.

No. 06-20292.

482 F.3d 792 (2007)

STAFF IT, INC., a Texas Corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 22, 2007.

Attorney(s) appearing for the Case

David Overholt Stevens (argued), Houston, TX, for Plaintiff-Appellant.

Carol A. Barthel (argued), Thomas J. Clark, U.S. Dept. of Justice, Tax Div. Appellate Section, Washington, DC, Christopher R. Egan, U.S. Dept. of Justice, Tax Div., Dallas, TX, for Defendant-Appellee.

Before GARWOOD, WIENER, and CLEMENT, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Staff IT, Inc. ("S.I.") failed to file, pay, and deposit payroll taxes during the course of three tax quarters. The Internal Revenue Service ("IRS") initiated collection proceedings against S.I., seeking the unpaid taxes, interest on them, and penalties for S.I.'s failure timely to file, pay, and deposit such taxes. After the IRS Office of Appeals administratively sustained a proposed levy, S.I. filed a complaint

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