SCHIFFMANN v. U.S.

No. 14-2179.

811 F.3d 519 (2016)

Richard SCHIFFMANN, Plaintiff/Counterclaim Defendant, Appellant, v. UNITED STATES of America, Defendant/Counterclaim Plaintiff, Appellee, v. Stephen Cummings, Counterclaim Defendant, Appellant.

United States Court of Appeals, First Circuit.

January 29, 2016.


Attorney(s) appearing for the Case

David R. Sullivan , with whom Murtha Cullina LLP was on brief, for appellants.

Douglas C. Rennie , Attorney, Tax Division, U.S. Department of Justice, with whom Caroline D. Ciraolo , Acting Assistant Attorney General, Joan I. Oppenheimer , Attorney, Tax Division, and Peter F. Neronha , United States Attorney, were on brief, for appellee.

Before LYNCH, SELYA and KAYATTA, Circuit Judges.


The obligation of a corporate employer to pay payroll taxes is familiar. The Internal Revenue Code requires employers to withhold federal income taxes from employees' wages and to hold such taxes in trust for the United States. See 26 U.S.C. §§ 3102, 3402, 7501. As a result, such taxes are often referred to...

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