Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-01180-MMS

Document 17

Filed 05/25/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

No. 05-1180 T (JUDGE HORN) McKESSON CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ___________________ STATUS REPORT AND NOTICE OF CHANGE OF POSITION ____________________ The United States is providing this status reporting and giving notice of a change in its litigation position in this case. Plaintiff's complaint raises the issue whether certain long distance telephone service is subject to the federal communications excise tax under 26 U.S.C. § 4251. In accordance with Notice 2006-50 issued by the Department of Treasury and the Internal Revenue Service on May 25, 2006, the United States advises plaintiff and this Court that the United States intends to file a motion to amend its answer, pursuant to RCFC 15, to reflect the determination that the excise tax does not apply to plaintiff's long distance telephone service to the extent described in the attached Notice. The United States will contact plaintiff's counsel with the goal of resolving any remaining issues, including the amount of any overpayment of telephone excise taxes due to plaintiff.

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Case 1:05-cv-01180-MMS

Document 17

Filed 05/25/2006

Page 2 of 2

Respectfully submitted, May 25, 2006 Date s/G. Robson Stewart G. ROBSON STEWART 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) 307-6493 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief May 25, 2006 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant

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