UNITED STATES v. BURCZYK

No. 72-C-689.

389 F.Supp. 782 (1975)

UNITED STATES of America, Plaintiff, v. Raymond BURCZYK, Defendant and Third-Party Plaintiff, v. Daniel W. HOWARD et al., Third-Party Defendants.

United States District Court, E.D. Wisconsin.

January 27, 1975.


Attorney(s) appearing for the Case

William J. Mulligan, U. S. Atty., Milwaukee, Wis., for plaintiff.

Heft, Coates, Heft, Henzl & Bichler, by C. James Heft, Racine, Wis., for Burczyk.

Gregory Gramling, Jr., Milwaukee, Wis., for Howard.

James F. Bremer, Waterford, Wis., for Waterford.

W. H. Putnam, Dept. of Industry, Labor and Human Relations, Madison, Wis., for Labor.


DECISION and ORDER

MYRON L. GORDON, District Judge.

The United States asks that Raymond Burczyk be held personally answerable for his failure as a receiver to give priority to its claims for unpaid taxes. 31 U.S.C. § 191 grants priority to the claims of the United States against an insolvent debtor, while § 192 imposes personal liability on a receiver who refuses to honor the government's priority claim. See King v. United States,

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