Prescott v. State Tax Assessor
Supreme Judicial Court of Maine
1Opinion of the CourtWathen, C.J.
[¶ 1] A. Neal Prescott appeals from a summary judgment entered in the Superior Court (Kennebec County, Alexander, J.) in favor of the State Tax Assessor (“Assessor”) assessing employment withholding taxes. The taxes were originally incurred by ACT II, Inc., (“the Company”) but were transferred to Prescott, the chief executive officer of the corporation. Prescott argues on appeal that he generated a genuine issue of material fact whether he is a responsible party pursuant to 36 M.R.S.A. § 177 (Supp. 1997), thus precluding summary judgment. He also argues that the Assessor should be barred from…
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