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

Case 1:06-cv-00138-ECH

Document 13

Filed 07/14/2006

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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. Defendant's motion to dismiss plaintiff's claim for refund for the tax quarter ending March 31, 2002, for lack of jurisdiction is currently pending before the Court. Plaintiff has informally provided defendant with what it intends as substantiating evidence regarding the payment of the excise taxes in dispute in this case. Defendant has reviewed the documents received from plaintiff, and the parties are engaged in discussion as to the proper amount, if any, 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.

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Case 1:06-cv-00138-ECH

Document 13

Filed 07/14/2006

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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: July 14, 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: July 14, 2006 Attorneys for Defendants

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