Jersey Shore State Bank v. United States (479 U.S. 442)
U.S. Supreme Court · decided January 20, 1987 · Supreme Court Database (Spaeth)
- Citation
- 479 U.S. 442 · 107 S. Ct. 782
- Decided
- January 20, 1987
- Term
- October Term 1986
- Vote
- 9–0
- Majority author
- Justice Rehnquist
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
479 U.S. 442 (1987) JERSEY SHORE STATE BANK v. UNITED STATES No. 85-1736. Supreme Court of United States. Argued December 8, 1986 Decided January 20, 1987 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT *443 Martin A. Flayhart argued the cause and filed briefs for petitioner. Alan I. Horowitz argued the cause for the United States. With him on the brief were Solicitor General Fried, Assistant Attorney General Olsen, Deputy Solicitor General Lauber, Wynette J. Hewett, and Bruce R. Ellisen.[*] CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. Subtitle C of the Internal Revenue Code of 1954, 26 U.S. C. § 3101 et seq. (Code), imposes a number of employment taxes, among which are the income tax withheld from an employee's wages and the Social Security tax. The Code divides the burden of the Social Security tax between the employer and the employee, but imposes the income tax on the employee alone. The employer has responsibility, however, for both paying its share of the Social Security tax and withholding from the employee's wages the income tax and the *444 employee's share of the Social Security tax. If the employer fails to pay over the withheld Social Security and income taxes to the Government, the employer is liable for their payment. Within 60 days of making an assessment of unpaid taxes against an employer, the Government is required,…
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