Free Response - District Court of Federal Claims - federal

Case 1:07-cv-00306-VJW

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Filed 01/29/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _________________________ No. 07-306T (Judge Victor J. Wolski)

JOYCE A. RINEER, Plaintiff v. THE UNITED STATES, Defendant ________________________ PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER ________________________ Plaintiff, in reply to Defendant's Answer, admits, denies, and alleges as follows: FIRST ADDITIONAL DEFENSE 9. Admits that an assessment was made, but denies that the assessment was

made for each quarter as alleged. The assessment was made for the period ending December 31, 1998. In making the assessment Defendant failed to give Plaintiff notice as to which periods were included in the notice. 10. Admits that an assessment was made, but denies that the assessment was

made for each quarter as alleged. The assessment was made for the period ending December 31, 1997. In making the assessment Defendant failed to give Plaintiff notice as to which periods were included in the assessment. 11. Admits that Plaintiff made the payment as alleged, but that such payment was

misapplied by Defendant.

Case 1:07-cv-00306-VJW

Document 14

Filed 01/29/2008

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12. 13.

Admits the allegations contained in paragraph 12. Admits the allegations contained in paragraph 13, but alleges that Defendant

failed to notify Plaintiff of the period for which the assessment was being made. 14. 15. Denies the allegations contained in paragraph 14. Denies the allegations contained in paragraph 15. ALTERNATIVE DEFENSE 16. Admits the allegations contained in paragraph 16, but alleges that Defendant

failed to properly advise Plaintiff of the quarters for which the assessment was being made. 17. Denies the allegations contained in paragraph 17, and alleges that based on

the manner in which the assessment was made it is impossible to know for which periods the assessment was made. 18. 19. Denies the allegations contained in paragraph 18. Denies the allegations contained in paragraph 19. Respectfully submitted, TOWNSEND & JONES, L.L.P.

Dated: January 29, 2008

s/ Lawrence R. Jones, Jr. LAWRENCE R. JONES, JR. 8100 Lomo Alto, Suite 238 Dallas, Texas 75225 (214) 696-2661 (214) 764-3320 - Fax ATTORNEYS FOR PLAINTIFF

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