Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:98-cv-00533-CFL

Document 114

Filed 01/04/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 98-533 T, et al. (Judge Lettow) __________ FENTON GINGERICH, et al., Plaintiffs v. UNITED STATES, Defendant

__________ DEFENDANT'S MOTION FOR LEAVE TO SUBSTITUTE CORRECTED EXHIBIT LIST __________

At the trial of the above-captioned case, the Court admitted into evidence en masse defendant's exhibits 3-14. There was no testimony regarding those exhibits. Upon reviewing the defendant's exhibits after completion of the trial, defendant's counsel noted that the exhibit list submitted with its exhibit books incorrectly identified some of the exhibits 3-14. Those exhibits were the IRS Forms 2866, Certificate of Assessments and Payments, for the plaintiffs in the above-captioned case. Although the exhibits were introduced into evidence, in some instances the name of the taxpayer on the defendant's exhibit list did not correspond with the name of the taxpayer on the Certificates referred to. The defendant requests leave to substitute the attached corrected exhibit list for the one submitted at trial. This will eliminate any question as to the proper identification of exhibits 3-14. 1
2134583.1

Case 1:98-cv-00533-CFL

Document 114

Filed 01/04/2007

Page 2 of 2

WHEREFORE, defendant respectfully moves that this Court substitute the attached Corrected Defendant's Exhibit List for the exhibit lists submitted at the trial of the abovecaptioned case.

Respectfully submitted,

s/Benjamin C, King, Jr. BENJAMIN C. KING, JR. 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) 307-6506 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section MARY M. ABATE Assistant Chief

s/Mary M. Abate Of Counsel

January 4, 2007

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