Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:05-cv-01071-SGB

Document 31

Filed 05/09/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-1071 T (Judge Susan G. Braden) __________ DANIEL D. PIERCE and HENDY J. LUND, Plaintiffs v. UNITED STATES, Defendant

__________ MOTION FOR LEAVE TO SUBMIT CALCULATIONS __________

Defendant, the United States, moves this Court for leave to file the attached explanation of the plaintiffs' 2001 AMT computations, both with, and without, the limitation in 26 U.S.C. § 1211, in advance of the oral argument in this case. The court's e-mail communications with counsel for both parties indicated that the parties were to prepare explanations for use at the oral argument of this case on May 10, 2007. Defendant prepared the attached explanation in anticipation of the argument. However, today, plaintiffs' counsel forwarded to the Court schedules showing plaintiffs' computations. Therefore, defendant requests leave to file its explanations at this time. WHEREFORE, defendant requests that the Court grant leave for defendant to file the

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Case 1:05-cv-01071-SGB

Document 31

Filed 05/09/2007

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attached explanation in advance of the oral argument.

Respectfully submitted,

s/Benjamin C. King, Jr. BENJAMIN C. KING, JR. 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) 307-6506 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief

s/Steven I. Frahm Of Counsel

May 9, 2007

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