Free Notice of Additional Authority - District Court of Federal Claims - federal

Case 1:06-cv-00245-EJD

Document 39

Filed 01/07/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS Nos. 06-245T, 06-246T, and 06-247T
(Consolidated) (Chief Judge Damich)

MURFAM FARMS, LLC, By and Through Wendell H. Murphy, Jr., a Partner Other Than Tax Matters Partner,

PSM FARMS, LLC, By and Through Stratton K. Murphy, a Partner Other Than Tax Matters Partner, MURPHY PORK PARTNERS, LLC By and Through Wendell H. Murphy, Jr. a Partner Other Than Tax Matters Partner, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

§ § § § § § § § § § § § § § § § § § § §

____________ NOTICE OF RELEVANT JUDICIAL DECISION ___________

PLEASE TAKE NOTICE THAT on December 21, 2007, the United States District Court for the Southern District of Indiana decided a Motion of the United States to Compel Responses to Interrogatories in In re COBRA Tax Shelters Litigation, 05-9727 (S.D. Ind.), which is virtually identical to the motion of the United States in these consolidated matters, DE #35, presently pending before this Court. The District Court granted the United States' motion to 1

2975767.1

Case 1:06-cv-00245-EJD

Document 39

Filed 01/07/2008

Page 2 of 3

compel responses, but denied an award of sanctions pursuant to Federal Rule of Civil Procedure 37(a)(4)(A). The Order is annexed hereto.

Respectfully submitted, s/ Dennis M. Donohue DENNIS M. DONOHUE Attorney of Record Chief Senior Litigation Counsel Department of Justice - Tax Division Post Office Box 403 Ben Franklin Station Washington, D.C. 20044 (202) 307-6492

2

2975767.1

Case 1:06-cv-00245-EJD

Document 39

Filed 01/07/2008

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on January 7th, 2008, I electronically filed the foregoing Notice with the Clerk of the Court using the ECF system which will send notification of such filing to the following:

Joel N. Crouch Texas State Bar No. 05144220 Meadows, Collier, Reed Cousins & Blau, L.L.P. 901 Main Street, Suite 3700 Dallas, Texas 75202 s/ David M. Steiner David M. Steiner Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 55 Ben Franklin Station Washington, D.C. 20044 (202) 307-5892

3

2975767.1