Free Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00956-CCM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) Plaintiffs-Counterdefendants ) ) vs. ) ) THE UNITED STATES, ) ) Defendant-Counterplaintiffs. ) __________________________________________ ROBERT B. DEINER and MICHELLE S. DEINER, ) ) ) Plaintiffs-Counterdefendants ) ) vs. ) ) THE UNITED STATES, ) ) Defendant-Counterplaintiff. ) __________________________________________ HOTELS.COM, INC. AND SUBSIDIARIES ) (f/k/a HOTEL RESERVATIONS NETWORK, ) INC. ) ) Plaintiff ) ) v. ) ) THE UNITED STATES, ) ) Defendant )

DAVID S. LITMAN and MALIA A. LITMAN,

No. 05-956 T

No. 05-971 T

No. 06-285 T (Christine O. C. Miller)

JOINT SUBMISSION REGARDING CALCULATION OF REFUNDS AND PROPOSED FINAL JUDGMENT

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Case 1:05-cv-00956-CCM

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In its Memorandum and Opinion dated August 22, 2007, as amended by Order dated March 20, 2008, and its Supplemental Opinion and Order Further Amending Trial Opinion, dated March 20, 2008, this Court determined a value for the HRN restricted stock at issue in these cases, determined that plaintiffs were not liable for penalties and also determined that plaintiffs David and Malia Litman and Robert and Michelle Diener were liable for interest on their respective under-payments of tax, as redetermined according to the Court's valuation of the HRN restricted stock. Pursuant to the Court's direction, the parties have now calculated the overpayments of tax, penalties or interest by plaintiffs, in light of the Court's rulings. The overpayments are as follows: Hotels.com (No. 06-285): David and Malia Litman (No. 05-956): Robert and Michelle Diener (No. 05-971): $1,805,114.86 $10,028,362.97 $10,123,906.91

These amounts will be refunded to plaintiffs with interest as allowed by law. A proposed final judgment is attached as Exhibit A.

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Respectfully submitted, s/ Cory A. Johnson Cory A. Johnson Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section P.O. Box 26 Ben Franklin Station Washington D.C. 20044 202-307-3046 Richard T. Morrison Assistant Attorney General Steven I. Frahm Assistant Chief, Court of Federal Claims Section s/ Steven I. Frahm Of Counsel Attorneys for The United States

s/ John W. Porter John W. Porter Baker Botts LLP 3000 One Shell Plaza 910 Louisiana Houston TX 77002 Attorney for plaintiffs David and Malia Litman and Robert and Michelle Diener

s/ Kim Marie K Boylan Kim Marie K. Boylan Latham & Watkins LLP 555 Eleventh Street, N.W. Suite 1000 Washington D.C. 20004 Attorney for plaintiff Hotels.com Dated: May 12, 2008

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