Internal Revenue Service v. Energy Resources Co. (In re Energy Resources Co.)

BREYER, Circuit Judge.

The Internal Revenue Code requires employers to withhold from their employees’ paychecks money representing employees’ personal income taxes, unemployment insurance and social security taxes that those employees owe or will owe the government. 26 U.S.C. §§ 3102(a), 3402(a) (1982). Because federal law requires employers to hold these funds in “trust for the United States,” 26 U.S.C. § 7501(a) (1982), these taxes are commonly referred to as “trust fund” taxes. Slodov v. United States, 436 U.S. 238, 242-43, 98 S.Ct. 1778, 1783, 56 L.Ed.2d 251 (1978). And, should employers…