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

Case 1:05-cv-01105-TCW

Document 13

Filed 11/28/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1105 T (JUDGE WHEELER) EVENLINK, LLC Plaintiff, v. THE UNITED STATES, Defendant. ______________ SUPPLEMENTAL JOINT STATUS REPORT ______________ Pursuant to the Court's Order of June 12, 2006, in the above-referenced matter, requesting a Joint Status Report on the status of XO Communications v. United States, Fed. Cl. No. 03-2745T (2005), Comcation, Inc. v. United States, Fed. Cl. No. 05-515T (2005), and USA Choice Internet Services, Inc. v. United States, Fed. Cl. No. 05-525T (2005), every 60 days beginning August 1, 2006, the parties submit the following information: A decision was issued in USA Choice Internet, on November 15, 2006. Judge Lettow awarded the Plaintiff judgment insofar as it paid communications excise taxes from January 1999, through April 2002, on incoming-only PRI channels purchased from ALLTEL and Verizon and its predecessors and on private-communication DCS and BRA channels obtained from ALLTEL plus the private lines associated with specific telephone numbers. Judge Lettow held that charges for these channels and services are not taxable as local telephone service, in the first instance because the services are not covered by the definition of such service in the Internal Revenue Code, and in the second instance -1-

Case 1:05-cv-01105-TCW

Document 13

Filed 11/28/2006

Page 2 of 2

because the services are exempted from the definition. Judge Lettow has further ordered the parties to confer to resolve the specific amount of the refund due on or before December 10, 2006. The effect of the decision in USA Choice on the above-captioned case cannot be determined at this juncture, as decisions in XO Communications and Comcation have not yet been issued. This case should continue to be suspended pending the final outcome of XO Communications and Comcation. Respectfully submitted, November 28, 2006 Date s/Anthony C. Gulotta ANTHONY C. GULOTTA Anderson & Gulotta, P.C. 1110 North Mountain Road Harrisburg, PA 17112 (717) 635-7145 Attorney for Plaintiff November 28, 2006 Date s/G. Robson Stewart G. ROBSON STEWART 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 November 28, 2006 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant

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