Case 1:05-cv-00955-LAS
Document 11
Filed 12/22/2005
Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS D. GORDON POTTER, ) ) ) Plaintiff, ) ) ) ) ) ) THE UNITED STATES OF AMERICA ) ) ) ) Defendant. ) ) ) ____________________________________)
Case No. 1:05-cv-00955-LAS
Judge: Loren A. Smith
PLAINTIFF'S REPLY TO DEFENDANT'S FIRST AMENDED ANSWER AND COUNTERCLAIM COMES NOW Plaintiff Unico Services Inc. f/k/a Unico Replacement Parts, Inc. ("Plaintiff") pursuant to Court of Federal Claims Rule 15 and for its Reply to Defendant's First Amended Answer and Counterclaim states as follows: DEFENSES 50. 51. 52. Denies that this Court lacks jurisdiction over plaintiff's Due Process claim. Denies that this court lacks jurisdiction over plaintiff's Takings Clause claim. Denies that the Court lacks jurisdiction over plaintiff's refund claim for tax year
1998 because plaintiff has not paid all assessed penalties and interest in full as required. There is jurisdiction over plaintiff's refund claim because all taxes purportedly owed have been paid in full.
Case 1:05-cv-00955-LAS
Document 11
Filed 12/22/2005
Page 2 of 2
COUNTERCLAIM 53. Denies for lack of knowledge or information sufficient to form a belief as to the
truth of the allegation. 54. 55. 56. Denies. Denies. Denies for lack of knowledge or information sufficient to form a belief as to the
truth of the allegation. WHEREFORE, Plaintiff prays that this Court dismiss defendant's Counterclaim; prays for judgment against the United States on the facts and the law and finds that the negligence penalty imposed by Defendant is erroneous; and for such other further relief as this Court deems just and proper under the circumstances. RESPECTFULLY SUBMITTED,
Date: 12/23/05
By:
s/ Robert J. Stientjes Robert J. Stientjes Gasaway & Stientjes 41 S. Old Orchard Ave., Ste. B Saint Louis, Missouri 63119 (314) 961-3812 telephone (314) 918-7120 facsimile Counsel for Plaintiff
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