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

Case 1:05-cv-00675-MMS

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Filed 03/02/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-675 T (Judge Margaret M. Sweeney) __________ WILLIAM F. AND THERESE HARTMAN, Plaintiffs v. UNITED STATES, Defendant __________ JOINT STATUS REPORT _________ Pursuant to the Court's Order filed 2/6/07, the parties submit the following Joint Status Report, due on or before 3/5/07. Previous suspensions of proceedings in this action have been requested and granted based upon the then-ongoing settlement discussions with the Internal Revenue Service concerning a possible administrative resolution of the claims of similarlysituated taxpayers which the parties believed would impact any potential administrative resolution of the above-captioned case. Those discussions have not resulted in any viable settlement to date, and it now appears that further settlement discussions with the IRS in this regard are not likely to be productive. The parties are in agreement that this case not be further suspended, but they differ as to the desired nature and manner of proceedings from this point forward. It is the tentative view of Government counsel that discovery proceedings will be necessary, and it is Plaintiffs' view that the discovery proceedings contemplated by Government counsel are not reasonably calculated to lead to the discovery of information that is relevant, material, or admissible in evidence; moreover, Plaintiffs' position is that this matter is governed by the unambiguous provisions of the contract underlying the transaction in issue [see & compare United States v. Kenneth W. Culp, Jr., 2006 WL

Case 1:05-cv-00675-MMS

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Filed 03/02/2007

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4061881 (MDTN 12/29/06)],which contract provisions are believed to be readily susceptible to stipulation by the parties, or, failing any such stipulation, are believed to be a proper subject of requests for admission to be served on the Government by Plaintiffs. Based upon these underlying contractual provisions, Plaintiffs' intention, with the Court's permission, would be to file a dispositive motion for summary judgment. In view of the differing postures of the parties, we respectfully request the opportunity for a status conference at the Court's early convenience to discuss the nature and manner of further proceedings at this juncture. WHEREFORE, the parties respectfully request that the Court, at its early convenience, schedule a telephone conference with the parties to discuss the nature and manner of further proceedings and a schedule therefor.

Respectfully submitted, 3/2/07 DATE ___s/ Kenneth R. Boiarsky____ KENNETH R. BOIARSKY 174 Los Alamitos Lane HCR 74-22126 El Prado, New Mexico 87529-9540 (505) 737-5940 Counsel for Plaintiffs

3/2/07 DATE

___s/ Benjamin C. King, Jr.____ BENJAMIN C. KING, JR. Attorney of Record Justice Department (Tax) Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6506

Case 1:05-cv-00675-MMS

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EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section 3/2/07 DATE _ s/ David Gustafson____________ Of Counsel Counsel for Defendant