Opinion

Lewis C. McCarty Jr. v. The United States

  • 437 F.2d 961
  • 194 Ct. Cl. 42
  • 27 A.F.T.R.2d (RIA) 682
  • 1971 U.S. Ct. Cl. LEXIS 82
Court
United States Court of Claims
Filed
Feb 19, 1971
Status
Published
Author
Davis
On the bench
Cowen, Laramore, Durfee, Davis, Collins, Skelton, Nichols
Cited by
62 cases

holding that the IRS, by allowing the Navy, which had taken over the corporation, to breach the corporation’s agreement to repay withholding taxes to the IRS in favor of funneling those funds to itself, committed “acts of commission” that precluded it from recovering the deficiency from a responsible person

How later courts described this case

  • holding that the IRS, by allowing the Navy, which had taken over the corporation, to breach the corporation’s agreement to repay withholding taxes to the IRS in favor of funneling those funds to itself, committed “acts of commission” that precluded it from recovering the deficiency from a responsible person
  • finding of willfulness precluded based, in part, on existence of installment agreement for payment of delinquent taxes
  • IRS abused its discretion in failing to collect taxes from corporation prior to its takeover by the Navy, where corporation had sufficient assets to pay taxes prior to takeover arid Navy failed to pay over the taxes in accordance with agreement between government and corporation
  • IRS abused its discretion in collecting tax from individual under Section 6672 rather than from employer where it could have foreclosed on tax liens on employer’s property to collect tax liability

Written by the judges who cited it.

The opinion

This record has no opinion text. It is a disposition such as a denial of certiorari, kept so the case can be found by name and citation.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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