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

Case 1:01-cv-00720-SGB

Document 37

Filed 06/20/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 01-720 T (Judge Susan G. Braden)

RICHARD E. DAHLBERG and HEATHER H. DAHLBERG, Plaintiffs, v. THE UNITED STATES, Defendant.

JOINT STATUS REPORT

By order [Doc. #22] dated February 4, 2003, the Court suspended further proceedings in this case pending final resolution of Robert J. Isler and Susan L. Isler v. United States, Fed. Cl. No. 01-344 T, Jeffrey T. Scuteri v. United States, Fed. Cl. No. 01-358 T, and Ronald C. Prati and Mary G. Prati v. United States, Fed. Cl. No. 02-60 T. The Court subsequently, by order [Doc. #35] dated April 2, 2007, stayed this case until July 2, 2007 pending the decision of the United States Supreme Court in Hinck v. United States, 06-376, and scheduled a telephone status conference for that date at 2 p.m. E.T. On May 21, 2007, the Supreme Court affirmed the Federal Circuit's decision in Hinck v. United States, 446 F.3d 1307 (Fed. Cir. 2006). See Hinck v. United States, 127 S.Ct. 2011 (2007). Both courts held that 26 U.S.C. § 6404(h) grants exclusive subject matter jurisdiction to the Tax Court to review the IRS's denials of interest abatement, and therefore the Court of Federal Claims lacks subject matter jurisdiction to do the same. Under the Supreme Court's and

-1-

Case 1:01-cv-00720-SGB

Document 37

Filed 06/20/2007

Page 2 of 2

Federal Circuit's decisions, the Court lacks subject matter jurisdiction over plaintiffs' interest abatement claims. Accordingly, the Court should dismiss those claims. Plaintiffs' attorney has authorized defendant's attorney to sign this joint status report on his behalf. Respectfully submitted, 6/20/2007 Date s/Thomas E. Redding by s/Bart D. Jeffress THOMAS E. REDDING Redding & Associates, P.C. 2914 W.T.C. Jester Houston, Texas 77018 (713) 965-9244 (713) 621-5227 (fax) Attorney for Plaintiffs 6/20/2007 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 6/20/2007 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant

-2-