5th Circ. Vacates $4.3M Penalty In Medical Practice Tax Row

By Amy Lee Rosen (June 15, 2018, 7:43 PM EDT) -- A Fifth Circuit panel partly vacated a lower court's quick win for the IRS that found a now-deceased Texas doctor liable for more than $4.3 million in penalties for the unpaid withholding taxes of his medical practice, saying there was still a genuine issue of material fact that warranted a trial.

In an opinion published Thursday, Circuit Judge W. Eugene Davis found that the late Dr. Robert McClendon earlier came forward with evidence that warranted a trial over whether the amount of available, unencumbered funds were sufficient to cover the tax obligation of Family Practice Associates of Houston, or FPA, for unpaid...

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