Stephen R. Rykoff, Plaintiff-Counter-Defendant-Appellee v. United States of America, Defendant-Counterclaimant-Appellant
Opinion
Opinion
Boochever, J.
The United States appeals the district court’s judgment that Stephen Rykoff did not act “willfully,” within the meaning of 26 U.S.C. § 6672 , in failing to pay delinquent withholding taxes during the period beginning February 12, 1982, until his resignation on March 18, 1982. We affirm.
BACKGROUND
Stephen R. Rykoff (“Rykoff’) was President of Fox Drilling Company (“Fox”). Fox was owned equally by Rykoff and Jason Fox, who was the company’s CEO and Chairman of the Board.
Toward the end of 1981 and the beginning of 1982, Fox began to experience financial difficulties. Fox secured loans from the Fourth National Bank of Tulsa (“Bank”), which held a security interest in all of Fox’s assets and receivables for loan advances to-talling approximately $984,200 as of December, 1981. Fox failed to make complete withholding tax deposits for the fourth quarter of 1981, and for the first and second quarters of 1982. These deposits were insufficient by $305,288.
On February 12, 1982, Rykoff and Jason Fox attended a meeting with Bank officials to discuss Fox’s severe financial problems, including its delinquent employment tax liabilities. Prior to that date, the Bank had notified Fox’s…