Free Motion for Extension of Time to File Answer - District Court of Federal Claims - federal

Case 1:05-cv-01189-CFL

Document 7

Filed 02/28/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-1189 T Judge Charles F. Lettow

THOMAS H. MCGANN and EVELYN G. MCGANN, Plaintiffs, v. THE UNITED STATES, Defendant.

MOTION OF THE UNITED STATES FOR SECOND ENLARGEMENT OF TIME

The United States respectfully moves the Court for an enlargement of time of 60 days, from March 10, 2006, to and including May 9, 2006, within which to answer or otherwise respond to plaintiffs' complaint. This is the second enlargement requested for this purpose. The basis for the second enlargement is that additional time is needed to allow the Internal Revenue Service to coordinate and finalize its litigating position with its national office, and to allow the United States adequate time, after receipt and review of the IRS' administrative files and views, to prepare and file a meaningful response to plaintiffs' complaint. Pursuant to RCFC 6.1, the United States has discussed this motion with opposing counsel and opposing counsel has no objection to the enlargement of time.

-1-

1565899.1

Case 1:05-cv-01189-CFL

Document 7

Filed 02/28/2006

Page 2 of 2

Respectfully submitted, s/Bart D. Jeffress BART D. JEFFRESS 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 (202) 307-6496 (202) 514-9440 (fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section s/Steven I. Frahm Of Counsel February 28, 2006

1483746.1