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

Case 1:03-cv-02028-FMA

Document 69

Filed 08/16/2007

Page 1 of 1

In The United States Court of Federal Claims
Nos. 03-2028T & 04-907T (Filed: August 16, 2007) __________ KENNETH C. KEENER, el al Plaintiffs, v. THE UNITED STATES, Defendant. _________ ORDER __________ On April 18, 2007, a published opinion was issued in this case granting defendant's motion for partial summary judgment, concluding that the court lacked jurisdiction over plaintiffs' allegations regarding the untimely assessment of tax attributable to partnership items, and allegations regarding the propriety of the assessment of tax motivated interest under former 26 U.S.C. § 6621(c). Keener v. United States, 76 Fed. Cl. 455 (2007). On August 8, 2007, the parties filed a joint stipulation agreeing to dismiss plaintiffs' remaining allegations regarding failure to abate the assessment of interest (including tax motivated interest under former 26 U.S.C. § 6621(c)) pursuant to 26 U.S.C. § 6404(e)(1). All of plaintiffs' claims have now been adjudicated. Accordingly, the Clerk of Court is hereby ordered to dismiss the complaint. IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge