Legal Opinion

Oliver v. United States

Court of Appeals for the Ninth Circuit

Decided December 20, 1990No. Nos. 88-4332, 89-35277 and 89-35202PublishedCited by 42 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

We consider the burden of proof appropriate to a challenge by an employer and corporate directors of imposition of penalties for willful failure to pay over income and social security taxes withheld from employees.

I

Appellant Plerbert Oliver was secretary/treasurer of R.P. Baker Steel Fabricating, Inc., and owned forty percent of the corporation’s stock. Appellant Mary Oliver, who owned and operated a bookkeeping service, kept Baker Steel’s books. Herbert and Mary Oliver together with one Ronald Baker1 constituted Baker Steel’s board of directors.

By July 1980, Baker…

2Cases cited26 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. United States v. JanisSupreme Court of the United States · 1976
  4. William H. And Avilda L. Edwards v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1982
  5. Western Air Lines, Inc. v. CriswellSupreme Court of the United States · 1985

21 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Clair S. Huffman v. Commissioner Of Internal RevenueCourt of Appeals for the Ninth Circuit · 1992
  2. Ronald L. Obrey, Jr. v. Hansford T. Johnson, in His Capacity as the Acting Secretary of the NavyCourt of Appeals for the Ninth Circuit · 2005
  3. Richard D. Barnett v. Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1993
  4. Mockler v. Multnomah CountyCourt of Appeals for the Ninth Circuit · 1998
  5. United States v. BoyceDistrict Court, S.D. California · 2001

37 more not listed; retrieve them via the Exa API.

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