Free Stipulation - District Court of Federal Claims - federal

Case 1:05-cv-00296-FMA

Document 74

Filed 01/24/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GRAPEVINE IMPORTS, LTD., a Texas Limited Partnership, and T-TECH, INC., a Texas Corporation as Tax Matters Partner, Plaintiffs, v. United States of America, Defendant. § § § § § § § § § §

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

JOINT POST-HEARING STIPULATIONS COME NOW, Grapevine Imports, Ltd. ("Grapevine") and T-Tech, Inc. (collectively, "Plaintiffs") and the United States of America ("Defendant") to submit these joint stipulations at the request of the Court following its evidentiary hearing on January 18, 2007. The parties jointly stipulate to the following:1 1. The Tigues' sale of Grapevine closed on December 31, 1999; however, the public and media may have become aware of the sale on December 2, 1999. 2. The Forms 1099 and Forms SS-4 submitted in this matter as Plaintiffs' Exhibits 69, 70, 71, 73, and 74 were filed timely by the appropriate filers with the Internal Revenue Service. 3. Attached as requested are copies of the 1999 Form 1065 Schedule D with instructions and 1999 Publication 550, both published by the Internal Revenue Service and labeled as Government's Exhibits 14 and 15 respectively. The parties

The United States agrees to these stipulations for summary judgment purposes only and reserves the right to offer further proof on these issues at a later stage of the proceedings. 347930

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Case 1:05-cv-00296-FMA

Document 74

Filed 01/24/2007

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agree that these documents are true and correct copies of the published IRS instructions and forms.

Respectfully submitted, FOR PLAINTIFFS FOR DEFENDANT

_/s/ M. Todd Welty_______________ _/s/ Grover Hartt, III ___ M. Todd Welty GROVER HARTT, III MEADOWS, OWENS, COLLIER, REED, Attorney of Record COUSINS & BLAU, L.L.P. Tax Division 901 Main Street U.S. Department of Justice Suite 3700 717 N. Hardwood, Suite 400 Dallas, TX 75202 Dallas, Texas 75201 (214) 744-3700 Telephone (214) 880-9721 (Main) (214) 747-3732 Facsimile (214) 880-9741 (Fax) [email protected] EILEEN J. O'CONNOR Assistant Attorney General ATTORNEY-IN-CHARGE FOR DAVID D. GUSTAFSON PLAINTIFFS Chief, Court of Fed. Claims Section CHRISTOPHER R. EGAN January 24, 2007 DAVID R. HOUSE Of Counsel ATTORNEYS FOR THE UNITED STATES January 24, 2007

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