Legal Opinion · Dissent

Hartung v. State, Department of Labor

Alaska Supreme Court

Decided April 27, 2001No. S-8352Published

1DissentCarpeneti, Justice

I,. INTRODUCTION

The chief financial officer for MarkAir failed to pay taxes-representing both employee and employer contributions-that were incurred and then withheld by the corporation on wages earned. Because his failure occurred at a time when he had the ability to make the payments and the law imposes liability on individual officers in such circumstances, I would affirm the decisions of the Department of Labor and the superior court holding the corporate officer liable for the unpaid taxes.

II, DISCUSSION

A. As Chief Financial Officer of Mar-kAir, Steven Hartung Was "Under a Duty" To Make…

2Cases cited15 opinions

  1. Slodov v. United StatesSupreme Court of the United States · 1978
  2. Roland J. Kalb v. United States of America, and Third-Party v.jerome L. Herold, Third-PartyCourt of Appeals for the Second Circuit · 1974
  3. Dudley J. Godfrey, Jr., Appellant/cross-Appellee v. United States, Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1984
  4. Mohney v. McClureSupreme Court of Pennsylvania · 1990
  5. Laborers Combined Funds v. MatteiSupreme Court of Pennsylvania · 1986

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