Free Order Staying Case - District Court of Federal Claims - federal

Case 1:01-cv-00720-SGB

Document 39

Filed 09/17/2007

Page 1 of 1

In the United States Court of Federal Claims
No. 01-720T Filed: September 17, 2007 *************************************** * DAHLBERG, RICHARD * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * *************************************** ORDER On April 2, 2007, the court stayed this case pending the decision of the United States Supreme Court in Hinck v. United States, 06-376. On May 21, 2007, the United States Supreme Court issued an opinion in Hinck. See Hinck v. United States, 127 S. Ct. 2011 (2007). On September 6, 2007, the court convened a telephone status conference and heard from counsel regarding the affect of Hinck on the pending litigation. In Hink, the Supreme Court held that the "Tax Court provides the exclusive forum for judicial review of a refusal to abate interest under § 6404(e)(1)[of the Internal Revenue Code.]" Hinck, 127 S. Ct. at 2013. Based on this holding, both parties agreed that all claims arising under § 6404 should be dismissed. Therefore, the court orders all of Plaintiff's claims arising under § 6404 of the Internal Revenue Code dismissed for lack of subject matter jurisdiction. See Compl. ¶ 12.F. Additionally, the court continues the stay pending the appeal of Keener v. United States, Fed. Cl. No. 03-2028T and Smith v. United States, Fed. Cl. No. 04-907T. Accordingly, counsel will file a report to the court upon the resolution of Keener or Smith. IT IS SO ORDERED. s/ Susan Braden SUSAN G. BRADEN Judge