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

Case 1:96-cv-00074-FMA

Document 115

Filed 12/15/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _______________ No. 96-74T (Judge Allegra) COLUMBIA/HCA HEALTHCARE CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. _______________ JOINT STATUS REPORT _______________ IN RESPONSE to this Court's Order dated March 8, 2006 requiring the parties to report on the status of settlement on or before April 7, 2006 and every 28 days thereafter, the parties present the following joint status report: 1. The only issue remaining in this case is the completion of the computations of

plaintiff's tax liability with respect to the 1991 taxable year at issue in this case. 2. As explained in prior joint status reports, the IRS Examination Division and

plaintiff (now known as HCA Inc. ("HCA")) reached agreement on September 22, 2006, regarding the computation of HCA's taxable income for the 1989 - 1991 taxable years, as set forth in the revised draft audit report issued by the IRS Examination Division on September 22, 2006. 3. The parties held a status conference with the Court on November 17, 2006, during

which the Court instructed the parties to proceed expeditiously in processing the settlement of plaintiff's tax liability for the 1991 taxable year at issue in this case.

Case 1:96-cv-00074-FMA

Document 115

Filed 12/15/2006

Page 2 of 2

4.

On December 12, 2006, HCA and the Internal Revenue Service completed the

documentation that resolved the 1989 and 1990 taxable years. 5. As a result, on December 14, 2006, plaintiff made an offer to defendant to settle

the 1991 taxable year based on a revised Form 4549-A reflecting tax computations agreed to by the IRS and HCA. 6. The Tax Division of the Department of Justice will now review the tax

computations with respect to the 1991 taxable year, following which Joint Committee on Taxation review will be required. 7. Pursuant to the Court's Order dated March 8, 2006, the parties will file a status

report on or before January 12, 2007. 8. Report. Respectfully submitted, Defendant's counsel has authorized plaintiff's counsel to file this as a Joint Status

s/ Felix B. Laughlin Felix B. Laughlin DEWEY BALLANTINE LLP 1775 Pennsylvania Avenue, N.W. Washington, D.C. 20006 (202) 862-1040 (202) 862-1041 (fax) email: [email protected] Counsel for Plaintiff December 15, 2006

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