Opinion · Supreme Court of the United States

Hood v. United States

Hood v. United States, 400 U.S. 820 (1970)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1970-10-12
Topic
general

How later courts describe this case

  • noting that holding corporate office does not per se impose a duty, but that an officer may have such a duty even if he is not the disbursing officer so long as he otherwise has sufficient power within the corporate structure
  • “Despite its denomination as a ‘penalty’ assessment, the statutory liability imposed by Section 6672 is essentially civil in nature”
  • “ ‘a fair and impartial trial is guaranteed to every defendant, and fundamentally means a trial before an impartial judge and by an impartial jury.’ ”
  • the individual’s bad purpose or evil motive in failing to collect and pay the taxes “properly play no part in the civil definition of willfulness.”
  • “[T]he corporate and individual liabilities under Section 6672 are separate and distinct.”
  • IRS was not bound by a bankruptcy referee’s order, concerning allocation of funds received from the liquidation of a corporate debtor, so that it could preserve its claims for trust fund liabilities against the responsible corporate officers
  • evidence must be viewed in light most favorable to prosecution
  • explicitly rejecting the reasonable cause exception

Citator

UpLaw has not yet analyzed Hood v. United States. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
180 opinions

C. A. 7th Cir. Certiorari denied.