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ANDERSON v. UNITED STATES

No. 76-1298.

561 F.2d 162 (1977)

Donald G. ANDERSON v. UNITED STATES of America, Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellant, v. Joanne ANDERSON.

United States Court of Appeals, Eighth Circuit.

Decided August 30, 1977.

Attorney(s) appearing for the Case

David H. Gregerson, Minneapolis, Minn., argued and on brief for appellant.

F. Arnold Heller, Atty., Tax Div., Dept. of Justice, Washington, D. C., argued; Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews and Michael L. Paup, Washington, D. C., and Robert G. Renner, U. S. Atty., Minneapolis, Minn., on brief for appellee.

Before WEBSTER and HENLEY, Circuit Judges, and VAN PELT, Senior District Judge.

WEBSTER, Circuit Judge.

This case presents for our review the District Court's refusal to set aside the verdict of a jury that a bonding company was liable as a responsible person to the United States for the withheld but unpaid payroll taxes of a defaulting contractor whose jobs the bonding company completed in compliance with its bonds. The Don Anderson Company, Inc. [the taxpayer] was a Minnesota corporation engaged in the construction business. Its president and...

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