What is sufficient to encumber the liquid assets of a business such that their use for a purpose other than paying withholding taxes will not be considered a "willful" failure to pay those taxes?

This circuit has not yet spoken on the question of what suffices to "encumber" the liquid assets of a business such that their use for a purpose other than paying delinquent withholding taxes will not be considered a "willful" failure to pay those taxes under section 6672. Some courts have been willing to recognize as an "encumbrance" only a "legal obligation" of the taxpayer to use funds to pay creditors other than the government. See Honey v. United States, 963 F.2d 1083, 1090 (8th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 676, 121 L.Ed.2d 598 (1992).

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