Opinion
No. MM-65.
June 26, 1979.
Appeal from the Circuit Court, Okaloosa County, Ernest E. Mason, J.
Michael Jones of Selby, Chesser, Wingard Barr, Fort Walton Beach, for appellant.
Richard M. Denney of Timmel Simpson, Fort Walton Beach, for appellee.
The debtor, Fort Walton Roofing and Maintenance Company, Inc., argues that funds held by the garnishee which were designated "trustee special fund in trust for U.S. under Sec. 7512 IRC", and which represented proper amounts of social security and withholding taxes, were not garnishable. We agree. The fund was properly established and managed by the debtor pursuant to Title 26 U.S.C. § 7512, which specifically provides that the fund is a special fund in trust for the United States, payable to the United States by the depositor as trustee. REVERSED.
McCORD, C.J., and BOOTH and LARRY G. SMITH, JJ., concur.