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CANADA v. U.S.

No. 18-11398.

950 F.3d 299 (2020)

William R. CANADA, Jr., Plaintiff-Appellant, v. UNITED STATES of America (Internal Revenue Service); Michael Halpert, Individually and not in his official capacity; Robert Meyer, Individually and not in his official capacity; Denise McCaskill, Individually and not in her official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED February 20, 2020.

Attorney(s) appearing for the Case

John Paul Lewis, Jr., Esq. , Dallas, TX, for Plaintiff-Appellant.

Geoffrey Klimas , Teresa Ellen McLaughlin , U.S. Department of Justice, Tax Division, Appellate Section, Washington, DC, Thomas M. Herrin , U.S. Department of Justice, Tax Division, Dallas, TX, for Defendant-Appellee.

Before HAYNES and OLDHAM, Circuit Judges, and HANEN, District Judge.

Appellant, William Canada, Jr., successfully challenged in bankruptcy court a tax penalty assessed against him by the Internal Revenue Service (the "IRS") that exceeded $40 million. A few months after a district court affirmed the bankruptcy court's decision on the tax liability issue, Canada filed an independent...

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