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

Case 1:07-cv-00074-CFL

Document 5

Filed 03/27/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 07-74 T (Judge Lettow) KANAWHA EAGLE COAL, LLC, Plaintiff, v. THE UNITED STATES, Defendant. ______________ DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME IN WHICH TO FILE AN ANSWER ______________ Pursuant to RCFC 6(b) and 6.1, the defendant, the United States, asks the Court for a 60day enlargement of time, from March 31 through May 31, 2007, inclusive, within which to file its answer. This is the first enlargement the defendant has sought for this purpose. The defendant's trial attorney has discussed this motion with the plaintiff's attorney, who stated that he will not object to its allowance. As good cause for this motion, the defendant states that the Internal Revenue Service (IRS) attorney assigned to this case has ordered the administrative files, but does not expect to receive them within the time now permitted. After receiving them, he must draft the IRS's recommendations for defense of the case, as required by 28 U.S.C. § 520. The defendant cannot respond to the substance of the complaint until it receives both the administrative files and the IRS's recommendation.

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Case 1:07-cv-00074-CFL

Document 5

Filed 03/27/2007

Page 2 of 2

WHEREFORE the defendant asks the Court to allow this motion. Respectfully submitted, s/Robert Stoddart ROBERT STODDART Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440 [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section s/ David Gustafson March 27, 2007

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