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

Case 1:05-cv-00675-MMS

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Filed 12/04/2006

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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, the parties submit the following Joint Status Report. The parties request that the Court continue the suspension of proceedings in the above-captioned case for an additional 60 days for the following reasons. Counsel for the plaintiff has not completed his discussions with the Internal Revenue Service concerning a possible administrative resolution of the claims of similarly situated taxpayers. Those discussions should be concluded in the next 45 days. Further, the United States has filed a motion for summary judgment in United States v. Kenneth W. Culp, Jr., No. 3:05-cv-0522, pending in the United States District Court for the Middle District of Tennessee. This case involves the same legal and factual issues present in Culp. The parties in that case expect a decision on that motion for summary judgment within the next 30-45 days. The parties 1

Case 1:05-cv-00675-MMS

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believe that a decision in Culp could have an impact on any potential administrative resolution of the above-captioned case. Therefore, the parties request that the suspension be continued for a period of 60 days. WHEREFORE, the parties respectfully request that the suspension be continued for a period of 60 days and that the parties will file a joint status report on January 30, 2007, advising the Court whether the suspension of proceedings should be continued or, if not, providing the Court with a schedule for further proceedings.

Respectfully submitted, 12/4/06 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 12/4/06 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

EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON 2

Case 1:05-cv-00675-MMS

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Chief, Court of Federal Claims Section 12/4/06 DATE _ s/ David Gustafson____________ Of Counsel Counsel for Defendant

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