Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-00411-FMA

Document 10

Filed 07/27/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ___________________ No. 05-411 T (Judge Francis M. Allegra) PRESIDIO ADVISORS, LLC, NORVEST LTD., Plaintiff, v. THE UNITED STATES, Defendant. _____________________________ ANSWER _____________________________

Defendant, the United States, for its answer to plaintiff's complaint, denies each and every allegation that is not admitted or otherwise expressly addressed below. Defendant also: 1. States that its attorneys currently lack knowledge or information sufficient to form a belief as to the truth of the allegations contained in the first sentence of paragraph 1. Admits the allegation contained in second sentence. States that its attorneys currently lack knowledge or information sufficient to form a belief as to the truth of the remaining allegations. 2. States that its attorneys currently lack knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2. 3. Admits that Norwood Holdings, Inc., was designated as the tax matters partner on the 1998 partnership return, Form 1065, but states that its attorneys currently lack knowledge as to the remaining allegations.

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Case 1:05-cv-00411-FMA

Document 10

Filed 07/27/2005

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4.

States that its attorneys currently lack knowledge as to the truth of the allegations contained in paragraph 4.

5.

Admits that the tax return was filed for the tax year 1998, but states that its attorneys currently lack knowledge as to whether the 1998 return was timely filed.

6.

Admits the allegations contained in paragraph 6, except that its attorneys currently lack knowledge as to whether the Oakland, California Office of the Internal Revenue Service issued the FPAA.

7.

Avers that jurisdiction, to the extent that it exists, is conferred by 28 U.S.C. § 1508, but denies that this Court has jurisdiction in this action to order a refund of the amount deposited by plaintiff.

8.

Admits that plaintiff deposited $50,000 with the I RS on March 25, 2005, but states that its attorneys currently lack knowledge as to whether $50,000 is the amount by which the tax liability of the plaintiff would be increased if the treatment of partnership items on plaintiff's return were made consistent with the treatment of partnership items on the partnership return, as adjusted by the FPAA.

9. 10A.

Denies the allegations contained in paragraph 9. States that its attorneys currently lack knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 10A.

10B. 10C. 10D.

Denies the allegation contained in paragraph 10B. Denies the allegation contained in paragraph 10C. States that its attorneys currently lack knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 10D.

10E.

Denies the allegation contained in paragraph 10E. -2-

Case 1:05-cv-00411-FMA

Document 10

Filed 07/27/2005

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10F. 10G.

Denies the allegation contained in paragraph 10F. States that its attorneys currently lack knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph 10G.

10H. 10I.

Denies the allegations contained in paragraph 10H. Denies the allegations contained in paragraph 10I. WHEREFORE, defendant prays that the complaint be dismissed with prejudice, and that an

order be entered in accordance with 26 U.S.C. § 6226(h) determining that the FPAA identified in paragraph 6 of the complaint is correct, with all allowable costs assessed against plaintiff. Respectfully submitted,

July 27, 2005 Date

s/G. Robson Stewart G. ROBSON STEWART 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) 307-6493 (202) 514-9440 (facsimile) EILEEN J. O'CONNOR Assistant Attorney General MILDRED L. SEIDMAN Chief, Court of Federal Claims Section DAVID GUSTAFSON Assistant Chief

July 27, 2005 Date

s/David Gustafson Of Counsel Attorneys for Defendant

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