Free Notice (Other) - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 186

Filed 08/01/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JZ Buckingham Investments LLC as Tax Matters Partner of JBJZ Partners, a South Carolina general partnership, Plaintiff, v. United States of America, Defendant. § § § § § § § § § §

CASE NO. 05-231 T Chief Judge Edward J. Damich

NOTICE OF RELEVANT JUDICIAL DECISION PLEASE TAKE NOTICE THAT on July 8, 2008, the Massachusetts federal district court in Fidelity Internat'l Currency Advisor A Fund, LLC v. United States, Case No. 05cv40151FDC, issued a ruling that is relevant to a matter pending before this Court. The district court limited the expert testimony of David LaRue. See Ex. A, 13:1­15:7. LaRue intended to offer--as he purports to offer here--testimony on the manner in which the transactions were reported on the relevant tax returns and whether that reporting was designed to reduce or minimize the actual or perceived risk of detection and audit by the IRS. The court expressed concern over LaRue's use of the word "design" and thusly excluded his testimony on intent: "I'm going to permit him to testify in general terms as to the effect, or likely effect, of how the transaction was reported, but not to the purpose of how it was reported" (emphasis added)." Id. at 14: 21-24. The judge presiding over the Fidelity case, Judge Saylor, issued these rulings from the bench during a status conference. A copy of the status conference transcript is attached as Exhibit A.

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Case 1:05-cv-00231-EJD

Document 186

Filed 08/01/2008

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Respectfully submitted, By: s/Joel N. Crouch Joel N. Crouch Texas State Bar No. 05144220

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] ATTORNEYS FOR PLAINTIFF

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Case 1:05-cv-00231-EJD

Document 186

Filed 08/01/2008

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CERTIFICATE OF SERVICE I hereby certify that on August 1, 2008, a copy of the foregoing Notice was served upon counsel listed below via electronic means. Dennis Donahue John Lindquist David M. Steiner United States Department of Justice Tax Division P.O. Box 55 Ben Franklin Station Washington, D.C. 20044 Joseph Pitzinger, Esq. Jonathan Blacker, Esq. United States Department of Justice Tax Division 717 North Harwood Suite 400 Dallas, Texas 75201 Attorneys for the United States

s/Joel N. Crouch Joel N. Crouch

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