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TRANS-SERVE, INC. v. U.S.

No. 07-30015.

521 F.3d 462 (2008)

TRANS-SERVE, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 19, 2008.

Attorney(s) appearing for the Case

William Edward Quirk (argued), Shugart, Thomson & Kilroy, Kansas City, MO, for Plaintiff-Appellant.

Ellen Page DelSole (argued), Jonathan S. Cohen, U.S. Dept. of Justice, Tax Div., App. Section, Washington, DC, for U.S.

Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Trans-Serve, Inc. ("Trans-Serve") disputes the amount of federal employment taxes that it owes for tax years 1987 through 1996. Trans-Serve contends that it owes only the ordinary federal employment taxes required by the Federal Insurance Contributions Act ("FICA")1 and Federal Unemployment Tax Act ("FUTA").2 The government counters that, as the district court held...

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