Free Motion for Extension of Time to File Answer - District Court of Federal Claims - federal

Case 1:07-cv-00887-LJB

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Filed 02/14/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-887 T (Judge Lynn J. Bush) ___________________________________ JAMES BOSTWICK and MARTI PHILLIPS, Plaintiffs, v. THE UNITED STATES, Defendant. ___________________________________ UNOPPOSED MOTION FOR ENLARGEMENT ___________________________________ Pursuant to Rule 6.1 of the Rules of the U.S. Court of Federal Claims ("RCFC"), the United States respectfully seeks additional time within which to file its answer or other response to the complaint. The United States asks this Court for a sixty-day enlargement of time, from February 19, 2008, to April 19, 2008, inclusive. Plaintiffs do not oppose this request. This is the first such enlargement requested. In support of this motion, the United States submits the following: 1. Plaintiffs filed their complaint on December 19, 2007. Accordingly, defendant's answer or other response is due to be filed by February 19, 2008. RCFC 12(a). 2. Plaintiffs' complaint seeks refund of tax penalties and interest related to tax periods 2000 through 2004. 3. On January 2, 2008, in accord with 28 U.S.C. § 520(a), the Department of Justice sent the Internal Revenue Service a copy of plaintiffs' complaint and requested that the Internal Revenue Service furnish all facts, circumstances, and evidence concerning the claim.

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Case 1:07-cv-00887-LJB

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4.

On January 8, 2008, the Office of Chief Counsel of the Internal Revenue Service instructed Internal Revenue Service personnel to gather the pertinent records. A search for the relevant records was then commenced, but, as of the present date, the Internal Revenue Service has only been able to locate two of the plaintiffs' tax returns at issue.

5.

The Internal Revenue Service continues to search for relevant records. That agency's Office of Chief Counsel is monitoring these efforts and is keeping defendant's attorney of record apprised of the progress.

6.

The requested sixty-day enlargement of time will allow time for the Internal Revenue Service to continue its search for relevant records and prepare an appropriate defense letter.

7.

On February 11, 2008, in a telephone conversation with defendant's attorney of record, Mark Krasner, counsel for plaintiffs, orally consented to this enlargement request.

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Respectfully submitted,

s/ Richard H. Bowles Attorney of Record U.S. Department of Justice, Tax Division Court of Federal Claims Section P.O. Box 26, Ben Franklin Station Washington, D.C. 20044 (v) 202-307-6500 (f) 202-514-9440 NATHAN J. HOCHMAN Assistant Attorney General, Tax Division DAVID GUSTAFSON Chief, Court of Federal Claims Section G. ROBSON STEWART Reviewer

February 13, 2008

s/ G. Robson Stewart Of Counsel

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