Free Status Report - District Court of Federal Claims - federal

Case 1:99-cv-00037-GWM

Document 75

Filed 08/14/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 99-37 T1 (Judge George W. Miller) BURLINGTON RESOURCES, INC., Plaintiff v. THE UNITED STATES, Defendant __________ No. 99-53 T BURLINGTON NORTHERN SANTA FE CORPORATION, Plaintiff v. THE UNITED STATES, Defendant __________ JOINT STATUS REPORT __________

In accordance with the Court's order entered November 19, 2003, the parties submit this joint status report regarding settlement activities.

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Proceedings on these matters were consolidated by order entered March 29, 1999. 1

Case 1:99-cv-00037-GWM

Document 75

Filed 08/14/2006

Page 2 of 3

As detailed in previous status reports, the parties completed their negotiation of revisions to the settlement terms by January 28, 2005. Thereafter, on March 15, 2005, the Department of Justice received the recommendation of the Internal Revenue Service with respect to the offers, as revised and clarified. The Chief of the Court of Federal Claims Section made her recommendation on the offers and forwarded the recommendations and files to the Office of Review of the Tax Division on March 31, 2005. A computation specialist with the Office of Review prepared computations with regard to the offers, and, on August 10, 2005, sent a letter to plaintiffs' counsel raising questions with respect to the computation of plaintiffs' interest netting claim. In November, 2005, plaintiffs' counsel provided information in response to the Office of Review's letter, but the mailing was not delivered properly and did not arrive in the Office of Review. Plaintiffs' counsel mailed the information a second time, and it was received by the Office of Review on February 10, 2006. Most recently, the Office of Review and plaintiffs' counsel agreed on the principal tax computations, and plaintiffs sent the Office of Review their interest netting computations. A computation specialist in the Office of Review will verify the interest netting computations as soon as plaintiffs obtain the necessary transcript(s) of account from the IRS and forward them to the Office of Review. Discussions between plaintiffs' counsel and the Office of Review are ongoing, but are close to a final resolution. Unless instructed otherwise, the parties will file their next status report by November 13, 2006, if they have not filed a stipulation of dismissal prior to that date.

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Case 1:99-cv-00037-GWM

Document 75

Filed 08/14/2006

Page 3 of 3

This status report has been prepared in consultation with plaintiffs' counsel, who was provided with a copy of this report by electronic mail prior to filing. Plaintiffs' counsel has authorized the undersigned attorneys for defendant to represent to the Court that she joins in this report.

Respectfully submitted, s/Jennifer P. Wilson JENNIFER P. WILSON 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: 202-307-6495 Facsimile: 202-514-9440 E-mail: [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief s/Steven I. Frahm Of Counsel August 14, 2006

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