U.S. v. MOSKOWITZ, PASSMAN & EDELMAN

Docket No. 08-3017-cv.

603 F.3d 162 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. MOSKOWITZ, PASSMAN & EDELMAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 29, 2010.


Attorney(s) appearing for the Case

Matthew L. Schwartz, Assistant United States Attorney (David S. Jones, Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

James J. Mahon, Lally Mahon & Rooney, LLP, New York, NY, for Appellant.

Before LEVAL, SACK, and WESLEY, Circuit Judges.


WESLEY, Circuit Judge:

In this appeal, the appellant law firm, Moskowitz, Passman & Edelman ("MPE" or the "firm"), argues that its managing partner's "draws"—that is, advances on profit distributions to which he was entitled pursuant to the firm's partnership agreement—were not "salary or wages" under § 6331(e) of the Internal Revenue Code. MPE proffers this contention in defense of its failure to comply with two administrative levies served...

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