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

Case 1:04-cv-00683-MBH

Document 23

Filed 04/25/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 04-683 T (Judge Marian Blank Horn) (Consolidated with Nos. 05-695 T, 05-696 T, 05-1074 T, 05-1315 T, & 05-1384 T)

JOHN E. KETTLE and ANNE R. KETTLE, Plaintiffs v. THE UNITED STATES, Defendant.

JOINT STATUS REPORT

Pursuant to the Court's Order [Doc. #5] dated February 1, 2006, the parties, through their attorneys, provide the following progress report on Kenneth C. Keener v. United States, Fed. Cl. No. 03-2028 T and William P. Smith, Jr. and Anne D. Smith v. United States, Fed. Cl. No. 04907 T. On April 18, 2007, Judge Allegra issued an opinion in Keener and Smith, granting defendant's partial motion to dismiss for lack of jurisdiction taxpayers' period of limitations and tax motivated interest claims. A copy of the decision is attached. Under the decision, the Court lacks subject matter jurisdiction over the period of limitations and tax motivated interest claims in Kettle, Fed. Cl. No. 04-683 T and Weidemann, Fed. Cl. No. 05-1384 T. Plaintiffs' attorneys intend to appeal the decision to the Federal Circuit. Accordingly, the parties propose the Court wait until final appellate action, before dismissing the period of limitation and tax motivated interest claims in Kettle and Weidemann.

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Case 1:04-cv-00683-MBH

Document 23

Filed 04/25/2007

Page 2 of 2

Plaintiffs' attorney has authorized defendant's attorney to sign this joint status report on her behalf. Respectfully submitted, 4/25/2007 Date s/Teresa J. Womack by s/Bart D. Jeffress TERESA JEAN WOMACK Redding & Associates, P.C. P.O. Box 924328 Houston, Texas 77292-4328 (713) 965-9244 (713) 621-5227 (fax) Attorney for Plaintiffs 4/25/2007 Date s/Bart D. Jeffress BART D. JEFFRESS 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) 307-6496 (202) 514-9440 (fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section 4/25/2007 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant