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Werner v. United States

United States Court of Appeals, Second Circuit
Apr 11, 1975
512 F.2d 1381 (2d Cir. 1975)

Summary

holding defendant liable for withholding taxes even though defendant was not an officer, shareholder or director

Summary of this case from Angelo Tomasso v. Armor Construction Paving, Inc.

Opinion

No. 731, Docket 74-2166.

Argued March 3, 1975.

Decided April 11, 1975.

Louis Noah Forman, New York City (Joseph Neiman, Newington, Conn., of counsel), for plaintiff-appellant.

Jeffrey S. Blum, Washington, D.C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Michael L. Paup and Jeffrey S. Blum, Tax Div., Dept. of Justice, Washington, D.C., on the brief, Peter C. Dorsey, U.S. Atty. for the District of Connecticut, and Henry S. Cohn, Asst. U.S. Atty., of counsel), for defendant and third-party plaintiff-appellee.

Appeal from a judgment of the United States District Court for the District of Connecticut, M. Joseph Blumenfeld, Judge, holding appellant responsible for unpaid taxes withheld from the wages of employees of Hugo's Continental Restaurant, Inc.

Before FRIENDLY and FEINBERG, Circuit Judges, and BARTELS, District Judge.

Of the Eastern District of New York, sitting by designation.


Howard M. Werner appeals from a judgment of the District Court for the District of Connecticut holding him responsible as a person in ultimate control of the corporation under 26 U.S.C. § 6672 for taxes withheld from the wages of employees of Hugo's Continental Restaurant, Inc. for the third and fourth quarters in 1967. We affirm on the basis of the opinion below, reported at 374 F.Supp. 558 (D.Conn., 1974), and upon the additional authority of Adams v. United States, 504 F.2d 73 (7th Cir., 1974); Mueller v. Nixon, 470 F.2d 1348 (6th Cir., 1972), cert. denied, 412 U.S. 949, 93 S.Ct. 3011, 37 L.Ed.2d 1001 (1973); Pacific National Insurance Co. v. United States, 422 F.2d 26 (9th Cir.), cert. denied, 398 U.S. 937, 90 S.Ct. 1838, 26 L.Ed.2d 269 (1970).


Summaries of

Werner v. United States

United States Court of Appeals, Second Circuit
Apr 11, 1975
512 F.2d 1381 (2d Cir. 1975)

holding defendant liable for withholding taxes even though defendant was not an officer, shareholder or director

Summary of this case from Angelo Tomasso v. Armor Construction Paving, Inc.
Case details for

Werner v. United States

Case Details

Full title:HOWARD M. WERNER, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA…

Court:United States Court of Appeals, Second Circuit

Date published: Apr 11, 1975

Citations

512 F.2d 1381 (2d Cir. 1975)

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