Free Joint Status Report - District Court of Federal Claims - federal

Case 1:06-cv-00138-ECH

Document 14

Filed 08/15/2006

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No. 06-138 T Judge Emily C. Hewitt ______________________________________________________________________________ ______________________________________________________________________________ IN THE UNITED STATES COURT OF FEDERAL CLAIMS

QUALXSERV, LLC, Plaintiff, v. THE UNITED STATES, Defendant. __________________ JOINT STATUS REPORT __________________ The parties submit this joint status report pursuant to the Court's order, dated June 19, 2006. Plaintiff in this case seeks a refund of the federal communications excise tax for taxable quarters ended March 31, 2002, through June 30, 2005. On June 14, 2006, defendant moved to dismiss for lack of jurisdiction plaintiff's claim for refund for the tax quarter ending March 31, 2002. On August 14, 2006, plaintiff asked and defendant agreed to file a stipulation of dismissal, without prejudice, of plaintiff's claim for the tax quarter ending March 31, 2002. On June 15, 2006, plaintiff informally provided defendant with what it intended as substantiating evidence regarding the payment of the excise taxes in dispute in this case. By the end of June, defendant had reviewed the documents received from plaintiff and requested further documentation. Plaintiff is currently preparing its response to defendant's request, and the

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Case 1:06-cv-00138-ECH

Document 14

Filed 08/15/2006

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parties are engaged in discussion as to the proper amount of refund due to plaintiff. The parties do not know of any other information of which the Court should be aware at this point in the litigation. Respectfully submitted,

s/Thomas Borton THOMAS E. BORTON, IV Troutman Sanders LLP 600 Peachtree Street, NE Suite 5200 Atlanta, Georgia 30308 Voice: (404) 885-3000 Fax: (404) 885-3900 Email: [email protected] Dated: August 15, 2006 Attorney for Plaintiff

s/Jacob Christensen JACOB E. CHRISTENSEN 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 Voice: (202) 307-0878 Fax: (202) 514-9440 Email: [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claim Section STEVEN I. FRAHM Assistant Chief s/Steven Frahm Of Counsel Dated: August 15, 2006 Attorneys for Defendants

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