United States v. Moskowitz, Passman & Edelman

WESLEY, Circuit Judge:

In this appeal, the appellant law firm, Moskowitz, Passman & Edelman (“MPE” or the “firm”), argues that its managing partner’s “draws” — that is, advances on profit distributions to which he was entitled pursuant to the firm’s partnership agreement — were not “salary or wages” under § 6331(e) of the Internal Revenue Code. MPE proffers this contention in defense of its failure to comply with two administrative levies served on it by the Internal Revenue Service (the “IRS” or the “government”), relating to the personal income tax liability of the firm’s managing partner.

The…