Williams v. United States
Opinion of the Court
ON PETITION FOR REHEARING
In light of First Nat’l Bank in Palm Beach v. United States, 591 F.2d 1143 (5th Cir. 1979), we SUPPLEMENT our prior opinion in this case by expanding our instructions for remand to the United States District Court for the Northern District of Alabama (the “District Court”). In so doing we GRANT the Petition for Rehearing.
In First Nat'l Bank in Palm Beach, a case binding on this court under Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc) (adopting as precedent all decisions of the Fifth Circuit handed down prior to October 1, 1981), the former Fifth Circuit twice stated that a responsible person is liable under Section 6672 of the Internal Revenue Code, 26 U.S.C. § 6672,
Accordingly, we instruct the District Court that on remand, in addition to entering judgment in favor of the IRS, the appropriate amount of Larry House’s section 6672 liability must be determined in accordance with this opinion.
. The First Nat'l Bank in Palm Beach court did recognize that this rule might result in the inability of the Internal Revenue Service (the "IRS”) to collect the entire withholding tax debt owed by the taxpayer-corporation. Id. at 1149.
Reference
- Full Case Name
- Elliott T. WILLIAMS, Plaintiff-counterclaim v. UNITED STATES of America, Defendant-Third-party plaintiff-counterclaim v. Larry HOUSE, Third-party defendant-counterclaim
- Cited By
- 8 cases
- Status
- Published