Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:05-cv-00296-FMA

Document 85

Filed 03/31/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

GRAPEVINE IMPORTS, LTD., a Texas Limited Partnership, T-TECH, INC., a Texas Corporation as Tax Matters Partner, Plaintiff, v. United States of America, Defendant.

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Case No. 05-296T Judge Francis M. Allegra

JOINT MOTION FOR ENTRY OF JUDGMENT COME NOW the Plaintiff, T-Tech, Inc. as Tax Matters Partner for Grapevine Imports, Ltd., and Defendant, the United States of America, and file this Joint Motion for Judgment requesting that the Court order the Clerk to enter a Judgment in accordance with the terms set forth herein. In support thereof, the Parties show the Court the following: 1. The Parties have arrived at settlement terms resolving the year 2000 federal

income tax liability attributable to the adjustments set forth in the Notice of Final Partnership Administrative Adjustment dated December 17, 2004, issued to Grapevine Imports, Ltd., with respect to the Partnership's tax year ending December 31, 1999 (the "FPAA"). 2. The only remaining federal income tax attributable to the FPAA is for the 1999

tax year. The Court's July 17, 2007, decision held, however, that 1999 assessments attributable to the FPAA are barred by the statute of limitations in 26 USC § 6501(a). 3. Thus, the Parties request that the Court order the Clerk to enter a Judgment

giving effect to the Court's prior order, in view of the parties' settlement of the remainder of the case. Defendant reserves the right to appeal the judgment so entered insofar as it reflects the effect of the Court's decision of July 17, 2007.

JOINT MOTION FOR ORDER

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Case 1:05-cv-00296-FMA

Document 85

Filed 03/31/2008

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4.

Plaintiff T-Tech, Inc., as tax matters partner of Grapevine Imports, Ltd.,

certifies that no party, as defined by Rule 6 of Appendix F to the Rules of the United States Court of Federal Claims, objects to entry of the attached proposed order.

Respectfully Submitted,

By: /s/ M. Todd Welty M. Todd Welty Texas State Bar No. 00788642 MEADOWS, COLLIER, REED COUSINS & BLAU, L.L.P. 901 Main Street, Suite 3700 Dallas, TX 75202 (214) 744-3700 Telephone (214) 747-3732 Facsimile [email protected] ATTORNEY-IN-CHARGE FOR PLAINTIFFS /s/ Grover Hartt III GROVER HARTT, III Attorney of Record Tax Division U.S. Department of Justice 717 N. Hardwood, Suite 400 Dallas, Texas 75201 (214) 880-9721 (Main) (214) 880-9741 (Fax) DAVID D. GUSTAFSON Chief, Court of Fed. Claims Section CYNTHIA E. MESSERSMITH CHRISTOPHER R. EGAN ATTORNEYS FOR THE UNITED STATES Signed: March 31, 2008

JOINT MOTION FOR ORDER

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