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AES-APEX EMPLOYER SERVICES, INC. v. ROTONDO

Nos. 17-2068/17-2211.

924 F.3d 857 (2019)

AES-APEX EMPLOYER SERVICES, INC.; AES-Apex Employer Solutions, Inc., Plaintiffs-Appellees (17-2068), Plaintiffs-Appellants (17-2211), v. Dino ROTONDO; Richard Mark; United States Department of the Treasury, Internal Revenue Service, Defendants-Appellees (17-2068 & 17-2211), Akouri Investments, LLC, Intervenor-Appellant (17-2068), Intervenor-Appellee (17-2211).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 17, 2019.

Attorney(s) appearing for the Case

ARGUED: H. Nathan Resnick , RESNICK LAW, P.C., Bloomfield Hills, Michigan, for Akouri Investments. Geoffrey J. Klimas , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for United States Department of the Treasury and Internal Revenue Service. Scott D. MacDonald , DIXON & MACDONALD, Southfield, Michigan, for AES-Apex. ON BRIEF: H. Nathan Resnick , RESNICK LAW, P.C., Bloomfield Hills, Michigan, for Akouri Investments. Geoffrey J. Klimas , Teresa E. McLaughlin , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for United States Department of the Treasury and Internal Revenue Service. Scott D. MacDonald , DIXON & MACDONALD, Southfield, Michigan, for AES-Apex.

Before: SUHRHEINRICH, THAPAR, and LARSEN, Circuit Judges.

OPINION

Dino Rotondo serves as a consultant for AES-Apex. This case is a dispute about who gets the money that he makes consulting. The IRS says that it should get the money because Rotondo is behind on his taxes. Akouri Investments says it should get the money instead because Akouri loaned Rotondo money that...

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