Nicholas Acoustics & Specialty Co., Inc. v. United States

EMILIO M. GARZA, Circuit Judge:

This appeal stems from a construction firm’s attempt to obtain a refund of federal employment taxes and an abatement of interest and penalties. At issue is whether remittances of employment withholding taxes by Plaintiff-Appellant Nicholas Acoustics & Specialty Company, Inc., (“Nicholas”) constitute tax payments or deposits. The classification is important because certain tax payments have a time limitation for refunds. There is no such time limitation, however, for deposits. Nicholas argues its remittances are the latter. The Government argues the remittances…