Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00999-MMS

Document 27

Filed 08/18/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Judge Williams) ________________________ No. 05-999 T EPSOLON LIMITED, by and through SLIGO (2000) COMPANY, INC., Tax Matters Partner, Plaintiff, v. THE UNITED STATES, Defendant. ______________ DEFENDANT'S STATUS REPORT ______________ Pursuant to the Order of February 22, 2006, the defendant files this status report to inform the Court of the status of the criminal proceeding in the United States District Court for the Southern District of New York. The United States Attorney for the Southern District of New York is prosecuting an illegal tax shelter criminal conspiracy case against certain persons involving entities and transactions intimately related to the matters involved in this case. Since the Court suspended this case, the criminal case is active and ongoing. In our Motion to Stay filed January 13, 2006, and later filings, the most recent of which was the status report filed on May 19, 2006, the Government had stated that the criminal case of United States v. Stein, et al., No. S1 05 crim 0888 (SDNY), was set for trial to begin on September 11, 2006. By Order entered July 19, 2006, the District Court for the Southern District of New York granted the criminal defendant's Motion

-1-

Case 1:05-cv-00999-MMS

Document 27

Filed 08/18/2006

Page 2 of 2

for Continuance and continued the criminal trial until January 15, 2006. On July 21, 2006, that date was subsequently changed to January 16, 2006 due to the timing of Martin Luther King Day. Further, in the related case of Tucker v . Commissioner, Docket No. 12307-04, the parties filed a joint motion to suspend that case until after the trial in United States v. Stein. By Order dated June 29, 2006, the Tax Court in Tucker granted that motion and continued the trial in that case to a date to be determined later. The reasons for the stay specified in the Government's Motion for Stay remain and are not affected by the District Court's continuance of the criminal case. Defendant believes that the suspension of all proceedings in this case continues to be appropriate until resolution of the criminal case and the ongoing criminal investigation. Respectfully submitted, August 18, 2006 Date s/ David R. House DAVID R. HOUSE 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) 616-3366 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section Of Counsel Attorneys for Defendant

-2-