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

Case 1:05-cv-01188-MBH

Document 36

Filed 01/08/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________ No. 05-1188 T Judge Horn

TEXTRON INC., Plaintiff, v. THE UNITED STATES, Defendant. __________________ JOINT STATUS REPORT __________________ The parties submit this joint status report pursuant to the Court's order, dated December 7, 2006, that the parties report the settlement status of the above-captioned case, including what remains to be done and the proposed dates. Plaintiff provided defendant with an offer of compromise on November 6, 2006 that Plaintiff believes is fully supported by the documents that it has produced to Defendant. Plaintiff desires to have this matter resolved as soon as possible. Defendant is reviewing plaintiff's offer to compromise according to its normal procedures. Specifically, the offer is being reviewed by Justice Department personnel who possess the requisite settlement authority for this type of case and the dollar amount involved. Those personnel will take official action on the offer upon completion of their review. This process will likely require about two months. If the offer is accepted, then the defendant will -1-

Case 1:05-cv-01188-MBH

Document 36

Filed 01/08/2007

Page 2 of 2

instruct the IRS to process overpayments according to the agreement, and the parties will file a stipulation for dismissal under Rule 41(a). The parties do not know of any other information of which the Court should be aware at this time. Respectfully submitted,

s/Paul Kattas PAUL L. KATTAS JOSEPH A. BOYLE JACOB J. MILES Kelley Drye & Warren 101 Park Avenue New York, New York 10178 (212) 808-7800

s/Jacob Christensen JACOB E. CHRISTENSEN 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) 307-0878 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims G. ROBSON STEWART Reviewer

Dated: January 8, 2007 Attorneys for Plaintiff

s/G. Robson Stewart Of Counsel Dated: January 8, 2007 Attorneys for Defendant

-2-