Free Motion to Continue - District Court of Federal Claims - federal

Case 1:07-cv-00006-FMA

Document 11

Filed 05/10/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________ No. 07-6T (Judge Francis M. Allegra)

PRINCIPAL LIFE INSURANCE COMPANY AND SUBSIDIARIES, Plaintiff v. THE UNITED STATES, Defendant

____________ JOINT MOTION FOR SUSPENSION OF PROCEEDINGS ____________

The parties respectfully request that the Court enter an order suspending the proceedings in this case, pending the ultimate resolution of the issue raised in the complaint in this case, in the related case (No. 02-1278 T). The issue raised in the complaint in this case, involving interest on deferred tax liability under Code § 453A, was decided in favor of the plaintiff in the related case (70
Fed. Cl. 144 (2006)). It has not yet been decided whether that decision will be appealed.

The parties believe, however, that in any event the ultimate determination of that issue will be determinative of the same issue raised in the complaint in this case. Counsel for the parties believe, therefore, that the interests of judicial economy will be served by -1-

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Case 1:07-cv-00006-FMA

Document 11

Filed 05/10/2007

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suspending this suit, to await the ultimate outcome in the related case. Respectfully submitted,

May 10, 2007 Date

s/ Bruce Graves BRUCE GRAVES Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, P.L.C. 666 Grand Avenue, Suite 2000 Des Moines, Iowa 50309-2510 (515) 242-2400 (telephone) (515) 283-0231 (facsimile) Attorney for plaintiff

May 10, 2007 Date

s/ Mary M. Abate MARY M. ABATE 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) 307-6507 (telephone) (202) 514-9440 (facsimile) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief

May 10, 2007 Date

s/ Steven I. Frahm Of Counsel Attorneys for defendant

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