Case 1:07-cv-00074-CFL
Document 12
Filed 04/23/2008
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. ______________ JOINT STATUS REPORT AND MOTION FOR CONTINUED SUSPENSION OF PROCEEDINGS ______________ As the Court requested in its Order of January 14, 2008, the parties report that the Supreme Court has now decided that courts lack jurisdiction of claims for refund of coal-excise tax imposed on exports unless the taxpayer has filed a timely refund claim. See United States v. Clintwood Elkhorn Mining Co., 2008 WL 1721530 (U.S. April 15, 2008). The decision in Clintwood Elkhorn will decide all the unresolved issues in the present case if the decision becomes final. Clintwood Elkhorn may petition the Supreme Court for a rehearing on or before May 12, 2008. The parties therefore ask this Court to continue suspension of this case until May 19, 2008. The plaintiff agrees that defendant may submit this status report and motion as a joint filing.
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Case 1:07-cv-00074-CFL
Document 12
Filed 04/23/2008
Page 2 of 2
WHEREFORE, the plaintiff and the defendant pray that their motion for continued suspension of proceedings be granted. 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] NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Court of Federal Claims Section s/ David Gustafson April 23, 2008
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