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

Case 1:06-cv-00437-MCW

Document 5

Filed 07/31/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ___________________________________ No. 06-437 T (Judge Mary Ellen Coster Williams) RONALD L. ALLUMS, Plaintiff v. THE UNITED STATES, Defendant ___________________________________ MOTION FOR ENLARGEMENT OF TIME ___________________________________

Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant respectfully moves the Court for an enlargement of time of sixty (60) days, from July 31, 2006, to and including September 29, 2006, within which to answer or otherwise respond to the complaint filed in this matter. This is the first enlargement of time defendant has requested for this purpose. As reason for its motion, defendant states that the undersigned trial attorney has not yet received the Internal Revenue Service's complete administrative files pertaining to the defense of this income tax refund case. Without the complete files of the IRS, defendant cannot frame meaningful responses to the allegations in the complaint or determine whether any jurisdictional matters or affirmative defenses should be raised in the answer.

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Case 1:06-cv-00437-MCW

Document 5

Filed 07/31/2006

Page 2 of 2

Defendant's attorney of record spoke with plaintiff's counsel by telephone on July 27, 2006, and he stated that plaintiff has no objection to the requested enlargement.

Respectfully submitted,

s/Jennifer P. Wilson JENNIFER P. WILSON 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) 307-6495 FAX (202) 514-9440 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section MARY M. ABATE Assistant Chief s/Mary M. Abate Of Counsel July 31, 2006

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