Free Proposed Additional Facts - District Court of Federal Claims - federal

Case 1:05-cv-01223-FMA

Document 43

Filed 12/10/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1223 T (Judge Allegra) CLEARMEADOW INVESTMENTS, LLC, CLEARMEADOW CAPITAL CORP., Tax Matters Partner, Plaintiff, v. THE UNITED STATES, Defendant. ______________ DEFENDANT'S PROPOSED ADDITIONAL FACT ______________ Pursuant to RCFC 56(h)(2), the defendant, the United States, proposes the following fact to supplement the proposed findings submitted by the plaintiff. The defendant relies upon the Declaration of Robert Stoddart (Stoddart Decl.) and its exhibits, filed in appendix B of the brief in support of the defendant's motion for summary judgment (Def. App. B). 1. As part of its 2001 U.S. Return of Partnership Income, the Clearmeadow

partnership issued a Schedule K-1 to Clearmeadow Capital Corp. on which it reported $2,787,500 of capital contributed during the year. (Stoddart Decl. Ex. 27, Def. App. B at 109.)

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Case 1:05-cv-01223-FMA

Document 43

Filed 12/10/2007

Page 2 of 2

Respectfully submitted, s/Robert Stoddart ROBERT STODDART Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440 [email protected] RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section s/ David Gustafson December 10, 2007

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