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Legal Opinion

Patterson v. Yeargin (In Re Yeargin)

United States Bankruptcy Court, M.D. Tennessee

Decided July 19, 1990No. Bankruptcy No. 387-04467, Adv. No. 389-0407PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issue is whether a corporate officer who pays a 100% tax penalty under 26 U.S.C. § 6672 acquires by subrogation a nondischargeable claim against the debtor, another corporate officer against whom the IRS might also have imposed “responsible person” liability. There is no right of sub-rogation.

I

The debtor and Patterson were directors, officers and shareholders of A-Team Sports, Inc. A-Team was required to but did not withhold and remit employees’ personal income taxes and social security taxes. Under 26 U.S.C. § 6672 the IRS assessed a $9,000…

2Cases cited19 opinions

  1. Robert W. Monday v. United States of America, and Third-Party v. John A. Monday, Third-PartyCourt of Appeals for the Third Circuit · 1970
  2. Quattrone Accountants, Inc. And Philip P. Quattrone v. Internal Revenue ServiceCourt of Appeals for the Third Circuit · 1990
  3. In Re New England Fish CompanyCourt of Appeals for the Ninth Circuit · 1984
  4. Alfred M. Sinder, Cross-Appellee v. United States of America, Cross-Appellant, and Angelo Ventrone, Third-PartyCourt of Appeals for the Third Circuit · 1981
  5. William Ross Hornsby v. Internal Revenue Service, United States of AmericaCourt of Appeals for the Fifth Circuit · 1979

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3Cited by22 opinions

  1. Fibreboard Corp. v. Celotex CorporationCourt of Appeals for the Eleventh Circuit · 2006
  2. In Re Flamingo 55, Inc.United States Bankruptcy Court, D. Nevada · 2007
  3. In Re Fiesole Trading Corp.United States Bankruptcy Court, D. Massachusetts · 2004
  4. Celotex Corp. v. Allstate Insurance (In Re Celotex Corp.)United States Bankruptcy Court, M.D. Florida · 2003
  5. Mason v. Pa. Dept. of Revenue (In Re Davis)United States Bankruptcy Court, W.D. Pennsylvania · 1992

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

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