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

Case 1:05-cv-01019-LMB

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Filed 07/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1019 T (JUDGE BASKIR) FASTNET CORPORATION, ET AL., Plaintiff, v. THE UNITED STATES, Defendant. ______________ SUPPLEMENTAL JOINT STATUS REPORT ______________ Pursuant to the Court's Order of August 22, 2006, the parties submit this Joint Status Report on the above-captioned case. As previously reported, plaintiff believed that there may be some amounts at issue relating to telecommunications services which would be exempt from federal excise tax under the decision in USA Choice Internet Services, LLC v. United States, 522 F.3d 1332 (Fed. Cir. 2008). Plaintiff

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Case 1:05-cv-01019-LMB

Document 28

Filed 07/18/2008

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has reviewed the telephone services it purchased and determined that some of the services were exempt. Defendant has examined plaintiff's findings, and plaintiff's counsel and defendant's trial attorney have reconciled their findings. Accordingly, on July 1, 2008, plaintiff submitted an offer to defendant to compromise the case, which defendant's trial attorney is recommending for acceptance. The offer is now undergoing review within the Tax Division. If the offer is accepted, the parties will dismiss the complaint. Respectfully submitted, July 18, 2008 Date s/Anthony C. Gulotta Anthony C. Gulotta, Esquire PA Atty. ID #82081 Anderson & Gulotta, P.C. 1110 North Mountain Road Harrisburg, PA 17112 (717) 635-7145 Fax (717) 541-5434 [email protected] Attorney for Plaintiff

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Case 1:05-cv-01019-LMB

Document 28

Filed 07/18/2008

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July 18, 2008 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 NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief

July 18, 2008 Date

s/Steven I. Frahm Of Counsel Attorneys for Defendant

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