Free Stipulation - District Court of Federal Claims - federal

Case 1:02-cv-00483-FMA

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

FORD MOTOR COMPANY AND AFFILIATES, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 02-483 T The Honorable Francis M. Allegra

________________ JOINT STIPULATION OF FACTS ________________

Pursuant to the Order of June 22, 2005, the parties1 stipulate, for purposes of this case only, that the following facts may be accepted as true and correct, that the exhibits referred to herein are true copies of original documents, and that this stipulation and the exhibits referred to herein shall constitute evidence in this case and in all proceedings for judicial review thereof, subject to, however, the right of either party to object to any statement or referenced exhibit in this stipulation on grounds of relevance, to argue regarding the weight or significance of each fact or referenced exhibit, and to present additional factual and documentary evidence not inconsistent with the stipulated facts.
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While this document has been prepared and electronically filed by plaintiff's attorneys, it was reviewed and approved by defendant's counsel as a joint submission.

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1.

Plaintiff, Ford Motor Company and Affiliates (Ford), is a corporation organized

and existing under the laws of the state of Delaware. Plaintiff currently has its principal place of business at One American Road, Dearborn, Michigan. 2. 3. 4. Defendant is the United States of America. Jurisdiction is conferred on this Court under 28 U.S.C. § 1491. This is an action under the internal revenue laws of the United States for the

payment of additional allowable interest payable under Section 6611 of the Internal Revenue Code of 1986, as amended (the "Code") with respect to an overpayment of tax for the 1976 calendar tax year ("1976") of Ford. The correct calculation of this interest also involves tax events for the 1977, 1979, 1980 and 1981 calendar tax years ("1977,1979, 1980 and 1981, respectively"). 5. On or about September 9, 1977, Ford Motor Company timely filed a federal

corporate income tax return (Form 1120) for 1976 with the Internal Revenue Service (the "Service") at Cincinnati, Ohio. The name, address and identification number of the taxpayer appearing on the return for 1976 are as follows: Ford Motor Company and Subsidiaries The American Road Dearborn, MI 48121 Taxpayer Identification Number 38-0549190

6.

After a number of previous audits and adjustments to Ford's 1976 federal income

tax account, the results of the final audit to this account posted on or about May 20, 1996 (cycle 9621). These adjustments included abatements of tax (in the amount of $5,052,403) and deficiency interest (in the amount of $4,414, 336). On the same date, allowable overpayment interest (in the amount of $10,079,031.45) posted to Ford's 1976 federal income tax account.

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Case 1:02-cv-00483-FMA

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7. 8. tax account.

Attached as Exhibit A is a true copy of the Service's 1996 interest calculations. Attached as Exhibit B is a true copy of a transcript of Ford's 1976 federal income

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Case 1:02-cv-00483-FMA

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Respectfully submitted,

July 1, 2005

s/Joseph M. Persinger Joseph M. Persinger Attorney of Record Milbank, Tweed, Hadley & McCloy LLP One Chase Manhattan Plaza New York, New York 10005 Voice: (212) 530-5000 Fax: (212) 822-5072 Email: [email protected] Attorney for Plaintiff

July 1, 2005

s/W. C. Rapp W. C. Rapp Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Voice: (202) 307-0503 Fax: (202) 514-9440 Email: [email protected]

EILEEN J. O'CONNOR Assistant Attorney General MILDRED L. SEIDMAN Chief, Court of Federal Claims Section July 1, 2005 s/Mildred L. Seidman Mildred L. Seidman Of Counsel Attorneys for Defendant

NY2:#4642316v7

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