Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:06-cv-00749-SGB

Document 11

Filed 07/10/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________ No. 06-749 T (Judge Braden) BRIAN ALAN BLAKLEY, d/b/a/ TCS Plaintiffs, v. THE UNITED STATES, Defendant. __________________ MOTION OF THE UNITED STATES FOR ENTRY OF JUDGMENT __________________ The United States moves the Court to enter judgment in favor of plaintiff and against the United States for an overpayment of transfer tax, paid with respect to the transfer of a firearm by plaintiff, in the amount of $200 in tax, plus interest according to law. Additionally, the United States withdraws its motion to suspend proceedings, filed with the Court on July 3, 2007. Despite the United States having announced its full concession in this case (attached, Ex. 1), plaintiff has indicated that he will not agree to file a joint stipulation for dismissal. Therefore, in light of the United States' full concession, the United States withdraws its motion to suspend proceedings and respectfully moves the Court to enter judgment in favor of plaintiff in the full amount sought by plaintiff in his refund claim filed with ATF and his complaint filed in this Court.

Case 1:06-cv-00749-SGB

Document 11

Filed 07/10/2007

Page 2 of 2

WHEREFORE, the United States prays that its motion be granted. Respectfully submitted,

s/Jacob Christensen JACOB E. CHRISTENSEN 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 Voice: (202) 307-0878 Fax: (202) 514-9440 Email: [email protected] RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

July 10, 2007

s/David Gustafson Of Counsel

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