Moore v. United States, No. 10-2741 (8th Cir. 2011)
Annotate this CaseA jury found defendant, a licensed attorney, responsible for trust fund recovery penalties imposed by the IRS pursuant to 26 U.S.C. (I.R.C.) 6672 for unpaid employment taxes owed by Iowa Trade Bindery, Inc. (ITB). Defendant appealed the district court's judgment and "all adverse rulings and orders in this case." The court held that the district court did not abuse its discretion in admitting defendant's signed Form 2751 and an IRS officer's testimony about the form, or by instructing the jury with respect to the form and its effect. The court also held that the district court did not err in denying defendant's motion for judgment as a matter of law where the jury's verdict was supported by substantial evidence. The court concluded that defendant's remaining claims were without merit. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Federal taxes. Jury verdict finding Moore responsible for trust fund recovery penalties imposed pursuant to 26 U.S.C. Sec. 6672 for unpaid unemployment taxes owed by his company is affirmed; no error in admitting IRS form or in allowing an IRS agent to testify regarding the form's purpose and effect.
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