Alexandre Balkanski Trading Partner, LP et al v. United States Of America

Filing 20

ORDER granting extension (#18). Signed by Judge Illston on 10/1/08. (ts, COURT STAFF) (Filed on 10/2/2008)

Case 3:08-cv-02494-SI

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Filed 09/30/2008

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JOSEPH P. RUSSONIELLO United States Attorney THOMAS MOORE Assistant United States Attorney Chief, Tax Division DAVID L. DENIER Assistant United States Attorney 10th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Fax: [phone] W. CARL HANKLA (DCBN 41165) Trial Attorney, Tax Division United States Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044 Telephone: [phone] Fax: [phone] E-mail: [e-mail] IN THE UNITED STATES DISTRICT COURT FOR THE

12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 21 IT IS HEREBY STIPULATED AND AGREED by the plaintiffs and defendant that the Case 22 23 24 25 1. 26 proposed disallowance of millions of dollars of losses the plaintiff partnership claimed on 27 28
2 d STIPULATION TO RESCHEDULE CMC N o . CV-08-002494 SI -1-

ALEXANDRE BALKANSKI TRADING PARTNER, LO; AAB & SB, LLC, Tax Matters Partner; ALEXANDRE BALKANSKI, Sole Member-Manager, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

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CV 08-002494 SI

SECOND STIPULATION TO RESCHEDULE CASE MANAGEMENT CONFERENCE

Management Conference in this matter should be rescheduled from October 10, 2008 to December 5, 2008 or later. The parties respectfully represent they have good cause for making this request as follows: This case is complex federal tax proceeding. It arises from the Internal Revenue Service's

Case 3:08-cv-02494-SI

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federal tax returns by means of an allegedly abusive tax shelter. See IRS Notice 2002-35 (identifying "notional principal contract" shelters and warning that "the tax benefits purportedly generated by these transactions are not allowable for federal income tax purposes"). The plaintiffs contend that the positions it took on the tax returns were correct. The parties are discussing a possible settlement of this matter and have stipulated to extend the time for the United States to answer until November 14, 2008. The Case Management Conference is currently scheduled for Friday, October 10, 2008 at 2:00 p.m. Rescheduling the Case Management Conference to a due date after the stipulated November 14 answer date will be in the interest of judicial economy. Accordingly, the parties agree that the Case Management Conference should be rescheduled for December 5, 2008 or later, with the Joint Case Management Statement due a week beforehand. DATED this 30th day of September, 2008. JOSEPH P. RUSSONIELLO United States Attorney THOMAS MOORE Assistant United States Attorney Chief, Tax Division DAVID L. DENIER Assistant United States Attorney 10th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Fax: [phone] /s/ W. Carl Hankla W. CARL HANKLA (DCBN 41165) Trial Attorney, Tax Division United States Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044 Telephone: [phone] Fax: [phone] E-mail: [e-mail]

2 d STIPULATION TO RESCHEDULE CMC N o . CV-08-002494 SI

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Case 3:08-cv-02494-SI

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DATED this 30th day of September, 2008. ALEXANDRE BALKANSKI TRADING PARTNER, LP; AAB & SB. LLC., Tax Matters Partner, ALEXANDRE BALKANSKI, Sole Member-Manager /s/ Edward M. Robbins, Jr. EDWARD M. ROBBINS, JR. CHARLES P. RETTIG DAVID ROTH HOCHMAN, SALKIN, RETTIG, TOSCHER & PEREZ, P.C. 9150 Wilshire Boulevard, Suite 300 Beverly Hills, CA 90212 Telephone: [phone] Fax: [phone]

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