WOLENS v. USA

Filing 38

Order of Dismissal. The court acknowledges the Joint Status Report filed by the parties on December 7, 2017. Following the Tax Court's issuance of a ruling in the government's favor on November 27, 2017, in a closely related case, the Uni ted States requested that the court dismiss this case on collateral estoppel grounds. Plaintiff does not oppose this request. Defendant's request is GRANTED. The Clerk is directed to enter judgment in accord with this disposition. Signed by Judge Charles F. Lettow. (je)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
No. 15-714T
(Filed: December 11, 2017)

GARY A. WOLENS,
Plaintiff,
v.
UNITED STATES,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
ORDER

The court acknowledges the joint status report filed by the parties on December 7, 2017.
In that report, the parties advise that on November 27, 2017, the Tax Court issued a decision in
the related case pending before that court. Respondent prevailed in the Tax Court case. Both
plaintiff and defendant represent that the doctrine of collateral estoppel should apply in this case,
based on the Tax Court’s decision. In the circumstances, defendant requests that this case be
dismissed, and plaintiff does not oppose that request.
Therefore, for good cause shown, defendant’s request that this case be dismissed is
GRANTED. The clerk shall enter final judgment in accord with this disposition.
No costs.
It is so ORDERED.
s/ Charles F. Lettow
Charles F. Lettow
Judge