Texas Comptroller of Public Accounts v. Liuzza (In Re Texas Pig Stands, Inc.)
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH H. JONES, Chief Judge:
Vincent J. Liuzza, Jr. served as the bankruptcy trustee for Texas Pig Stands, a venerable San Antonio, Texas, restaurant company. In an attempt to keep the restaurants afloat after a plan of reorganization had been confirmed, Liuzza failed to remit state sales taxes to the Texas Comptroller. The issue posed in this appeal is whether Liuzza may be held personally liable for the deficiency. Tex. Tax.Code Ann. § 111.016(b) (Vernon 2007). The bankruptcy court found that Liuzza could not be held liable absent a showing of “gross negligence.” The district court…
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