Goring v. United States

Decision Date01 May 1964
Docket NumberNo. 148,Docket 28237.,148
PartiesAlbert E. GORING, Jr., Trustee in Bankruptcy, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — Second Circuit

Vincent J. Giedraitis, Hartford, Conn., for Trustee.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Fred E. Youngman, Attys., Dept. of Justice, Washington, D. C. (Robert C. Zampano, U. S. Atty., of counsel), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and MARSHALL, Circuit Judges.

PER CURIAM.

Affirmed on the opinion of Judge Clarie below, reported at 214 F.Supp. 917 (1963).

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10 cases
  • Datlof v. United States
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • March 24, 1966
    ...917, 920-921 (9th Cir. 1964). Note also, In re Serignese, 214 F.Supp. 917, 919-920 (D.Conn.1963), affirmed sub nom. Goring v. United States, 330 F.2d 960 (2nd Cir. 1964), and Sherwood v. United States, 228 F.Supp. 247 5. In a refund suit such as this, the burden of proof is on the plaintiff......
  • United States v. Edwards
    • United States
    • U.S. District Court — District of Connecticut
    • October 18, 1983
    ...also contingently liable from that moment. In re Serignese, 214 F.Supp. 917 (D.Conn.1963), aff'd per curiam sub nom. Goring v. United States, 330 F.2d 960 (2d Cir.1964). On the date that he transferred the property, Clarence Edwards was contingently liable for all of the withholding taxes t......
  • Kalb v. U.S.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • October 15, 1974
    ...The liability merely becomes fixed on the due date. See In re Serignese, 214 F.Supp. 917, 920 (D.Conn. 1963), aff'd sub nom., Goring v. United States, 330 F.2d 960 (2d Cir. 1964 (mem.)). Again, appellant shows no authority for the claim that payments of these funds held in trust are prohibi......
  • Hardegger v. Clark
    • United States
    • Colorado Supreme Court
    • October 2, 2017
    ...the view that assessment of a penalty on the responsible person was a prerequisite to tax liability), aff'd sub nom. Gor ing v. United States, 330 F.2d 960 (2d Cir. 1964).¶ 33 And at the moment that Hardegger and Clark incurred such liability, Hardegger held a contribution claim against Cla......
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