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MONDAY v. UNITED STATES

Civ. A. No. 66-C-140.

342 F.Supp. 1271 (1972)

Robert W. MONDAY, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. John A. MONDAY, Third-Party Defendant.

United States District Court, E. D. Wisconsin.

June 8, 1972.

Attorney(s) appearing for the Case

Martin J. Torphy and E. Champion Kersten, Milwaukee, Wis., for plaintiff.

Fred B. Ugast, Asst. Atty. Gen., David A. Wilson, Jr., and Thomas R. Jones, Attys., Dept. of Justice, Washington, D. C., and David J. Cannon, U. S. Atty., Milwaukee, Wis., for defendant and third-party plaintiff.

Francis J. Demet, Milwaukee, Wis., for third-party defendant.

MEMORANDUM OPINION AND ORDER FOR JUDGMENT

REYNOLDS, Chief Judge.

This is a tax refund action in which the issues are whether Robert W. Monday, plaintiff, and John A. Monday, third-party defendant, were persons responsible, under 26 U.S.C.A. § 6672, to collect and pay over withholding taxes of the employees of the P. C. Monday Tea Company for the third and fourth quarters of 1960 and, if so, whether any failure to collect and pay over was willful.

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