JENKINS v. USA

Filing 27

ORDER: Defendant shall provide to chambers, for en camera review, the transcript, as well as a declaration by an Internal Revenue Service official, explaining its contents. Notice of Compliance due by 3/6/2009. Signed by Judge Francis M. Allegra. (si)

JENKINS v. USA

Doc. 27

In The United States Court of Federal Claims
No. 08-50T (Filed: February 18, 2009) __________ TIMOTHY L. JENKINS, Plaintiff, v. THE UNITED STATES, Defendant. _________ ORDER __________ On January 29, 2009, a status conference was held at which plaintiff expressed a desire to obtain and review the federal tax transcript of a third-party, Mr. Gary Puckrein. In lieu of this document, defendant had provided plaintiff with a IRC § 6103(e)(9) disclosure that was based on information contained in the transcript. On January 30, 2009, the court issued an order directing defendant to file a short memorandum detailing the government's position as to the court's ability to order an en camera inspection of the tax transcript itself. On February 13, 2009, defendant filed its memorandum, stating that the court does have authority to issue such an order pursuant to IRC § 6103(h)(4). Accordingly, on or before March 6, 2009, defendant shall provide to chambers, for en camera review, the transcript, as well as a declaration by an Internal Revenue Service official, explaining its contents. IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge

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