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United States Fifth Circuit


US v. PRESCRIPTION HOME HEALTH CARE, INC., 02-50132

The bankruptcy court was without jurisdiction to enjoin the IRS from, under 26 U.S.C. section 6672, assessing and collecting taxes from a non-debtor officer of a debtor corporation. The court's action amounted to a determination of tax liability.

Appellate Information

  • Decided 12/30/2002
  • Published 12/30/2002

Judges

  • RHESA HAWKINS BARKSDALE, Circuit Judge:, Before DAVIS, BARKSDALE and DENNIS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Michael J. Haungs (argued), Thomas J. Clark, U.S. Dept. of Justice, Tax Div., Washington, DC, for Appellant.

  • For Appellees:
  • Lynn H. Butler (argued), Hance Scarborough Wright Ginsberg & Brusilow, Austin, TX, for Appellee.
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