Free Status Report - District Court of Federal Claims - federal

Case 1:99-cv-00909-BAF

Document 75

Filed 01/22/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 99-909 T1 (Judge Bohdan A. Futey) SUNOCO, INC. AND SUBSIDIARIES, Plaintiffs v. THE UNITED STATES, Defendant __________ JOINT STATUS REPORT __________

In accordance with the Court's order of October 23, 2007, in these consolidated proceedings, the parties submit this joint status report. The status of this case has not changed since the filing of our last status report, filed October 19, 2007. On May 23, 2007, Judge Whalen denied the Commissioner's Motion for Reconsideration in the pending Tax Court case, and directed the parties to advise that Court by August 1 about the nature of any unresolved issues in the case and to make a recommendation as to the disposition of each such issue. In the instant case, plaintiffs seek to recover additional interest with respect to their 1979 and 1981 taxable years. Proceedings have been suspended pending the outcome of litigation
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By order entered September 28, 2000, proceedings in Sunoco, Inc., and Subsidiaries v. United States, Fed. Cl. No. 00-487 T, were consolidated with proceedings herein. -1-

Case 1:99-cv-00909-BAF

Document 75

Filed 01/22/2008

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regarding the underlying tax liabilities for 1979 and 1981 in the United States Tax Court in Sunoco and Subsidiaries v. Commissioner, Docket No. 19631-97. Resolution of the issues in the instant consolidated proceedings depend, at least in part, upon the outcome of the Tax Court litigation. On March 15, 2002, the United States Tax Court issued an opinion that resolved one of three issues before the Tax Court. Sunoco and Subsidiaries v. Commissioner, 118 T.C. 181 (2002). On February 4, 2004, the Tax Court issued two more opinions. The first opinion disposed of one of the two remaining issues in Tax Court litigation. Sunoco and Subsidiaries v. Commissioner, T.C. Memo. 2004-29, 87 T.C.Memo. (CCH) (Feb. 4, 2004). The second opinion denied a motion to dismiss for lack of subject matter jurisdiction that the Commissioner had filed with respect to the third, and final, issue before the Tax Court. Sunoco and Subsidiaries v. Commissioner, 122 T.C. 88 (2004). At present, this third issue remains pending before the Tax Court. Accordingly, the current suspension in the instant consolidated proceedings should remain in place. Unless instructed otherwise by the Court, the parties will file another status report promptly following resolution of the Tax Court litigation, or not later than April 21, 2008, if the Tax Court litigation has not been resolved by that date.

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Case 1:99-cv-00909-BAF

Document 75

Filed 01/22/2008

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Opposing counsel has been provided with a copy of this joint status report prior to filing and has authorized us to state that she joins in this report. Respectfully submitted,

s/ W. C. Rapp W. C. RAPP 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 Telephone: 202-307-0503 Facsimile: 202-514-9440 E-mail: [email protected] NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section January 22, 2008 s/ Steven I. Frahm Of Counsel

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