Free Stipulation - District Court of Federal Claims - federal

Case 1:06-cv-00402-FMA

Document 12

Filed 10/09/2007

Page 1 of 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 06-402 T (Judge Francis M. Allegra) ALAN SCOTT FITZ and PAULINE ANN FITZ, Plaintiffs, v. THE UNITED STATES, Defendant. ____________________ PLAINTIFFS' VOLUNTARY STIPULATION DISMISSING THEIR BASIS/RESTORATION TERMINATION AND §447/481 INCOME RECAPTURE CLAIMS ____________________ Alan Scott Fitz and Pauline Ann Fitz, after consultation with counsel, have agreed to voluntarily stipulate to dismiss their basis/restoration termination and §447/481 income recapture claims pursuant to RCFC 41. This matter is not a class action and not subject to RCFC 23. There are no other parties that could or should be joined in this action. The only remaining issues in this case are (1) the period of limitation; and (2) the tax motivated interest, which issues have been stayed pending the final appellate decision in Keener v. United States, Fed.Cl. No. 03-2028T, and Smith v. United States, Fed.Cl. No. 04-907T. Respectfully submitted, /s/ Thomas E. Redding Thomas E. Redding REDDING & ASSOCIATES, P.C. 2914 West T.C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 Fax Attorneys for Plaintiffs

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