Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:01-cv-00344-LB

Document 115

Filed 09/29/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 01-344 T (Judge Lawrence J. Block)

ROBERT J. ISLER and SUSAN L. ISLER, Plaintiffs, v. THE UNITED STATES, Defendant.

MOTION FOR LEAVE TO FILE SUPPLEMENT TO MOTION TO DISMISS

As the Court has requested, defendant respectfully moves for leave to file the attached supplement to defendant's pending motion to dismiss. In December 2005, we moved to dismiss plaintiffs' claims for a refund of tax motivated interest on the ground that the Court lacks subject matter jurisdiction over them. The attached brief submits an additional/alternative ground why the Court lacks subject matter jurisdiction over those claims. On September 25, 2006, we submitted a filing to advance this additional/alternative ground, but we were subsequently advised by the Court that it would facilitate the operation of the Court's electronic filing system if we filed this motion for leave and styled our brief as a Supplement to Motion to Dismiss. Accordingly, defendant moves for leave to file the attached supplemental brief.

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Case 1:01-cv-00344-LB

Document 115

Filed 09/29/2006

Page 2 of 2

Respectfully submitted, s/Bart D. Jeffress BART D. JEFFRESS Attorney of Record U.S. Department of Justice, Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6496 (202) 514-9440 (fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section s/Steven I. Frahm Of Counsel September 29, 2006

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