Vee's Marketing, Inc. v. United States of America

Filing 74

Transmission of Notice of Appeal, Docketing Statement, Disclosure Statement, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 72 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Disclosure Statement, # 3 Order No. 70, # 4 Judgment, # 5 Docket Sheet) (lak) (Additional attachment(s) added on 7/8/2015: # 6 Order No. 44) (lak).

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ECF Western District of Wisconsin 1 of 11 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 APPEAL, CLOSED, JMM, U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:13-cv-00481-bbc Vee's Marketing, Inc. v. United States of America Assigned to: District Judge Barbara B. Crabb Referred to: Magistrate Judge Stephen L. Crocker Cause: 26:7422 IRS: Refund Taxes Date Filed: 07/09/2013 Date Terminated: 05/21/2015 Jury Demand: None Nature of Suit: 870 Taxes Jurisdiction: U.S. Government Defendant Plaintiff Vee's Marketing, Inc. represented by George William Connelly Chamberlain, Hrdlicka, White, Williams & Aughtry 1200 Smith Street Suite 1400 Houston, TX 77002 713-658-1818 Fax: 713-658-2553 Email: george.connelly@chamberlainlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Travis James West Pia Anderson Dorius Reynard & Moss 400 N Broadway Ste. 303 Milwaukee, WI 53202 608-561-1779 Fax: 801-350-9010 Email: twest@padrm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant United States of America represented by Harris J. Phillips U.S. Department of Justice Tax Division P.O. Box 7238 Washington, DC 20044 7/8/2015 10:52 AM ECF Western District of Wisconsin 2 of 11 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 202-616-1906 Fax: 202-514-6770 Email: harris.j.phillips@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED James C. Strong U.S. Department of Justice, Tax Division P.O. Box 7238 Ben Franklin Station Washington, DC 20044 202-514-9953 Fax: 202-514-6770 Email: james.c.strong@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Erin Healy Gallagher U.S. Department of Justice, Tax Division P.O. Box 7238 Ben Franklin Station Washington, DC 20044 202-353-2452 Fax: 202-514-6770 Email: erin.healygallagher@usdoj.gov ATTORNEY TO BE NOTICED Date Filed # Docket Text 07/09/2013 1 COMPLAINT against United States of America. ( Filing fee $ 400 receipt number 34690017693.), filed by Vee's Marketing, Inc.. (Attachments: # 1 Exhibit 1 - Claim for Refund 2004, # 2 Exhibit 2 - Claim for Refund 2005, # 3 Exhibit 3 - Claim for Refund 2006, # 4 Exhibit 4 - Claim for Refund 2007, # 5 Exhibit 5 - Protest of Proposed Penalty Assessments, # 6 Exhibit 6 - Amended Protest of Proposed Penalty Assessments, # 7 JS-44 Civil Cover Sheet, # 8 Summons Eric Holder, # 9 Summons John Vaudreuil) (West, Travis) (Entered: 07/09/2013) 07/09/2013 2 Motion to Admit George William Connelly Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1201517.) by Plaintiff Vee's Marketing, Inc.. (Connelly, George) (Entered: 07/09/2013) 07/10/2013 Case randomly assigned to District Judge Barbara B. Crabb and Magistrate Judge Stephen L. Crocker. (voc) (Entered: 07/10/2013) 7/8/2015 10:52 AM ECF Western District of Wisconsin 3 of 11 07/10/2013 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 Standard attachments for Judge Barbara B. Crabb required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement, Order on Dispositive Motions. (voc) (Entered: 07/10/2013) 07/10/2013 3 Summons Issued as to United States of America. (Attachments: # 1 Summons A- John Vaudreuil) (voc) (Entered: 07/10/2013) 07/10/2013 4 ** TEXT ONLY ORDER ** ORDER granting 2 Motion to Admit George William Connelly Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 7/10/2013. (voc) (Entered: 07/10/2013) 07/15/2013 5 Corporate Disclosure Statement by Plaintiff Vee's Marketing, Inc. (Connelly, George) (Entered: 07/15/2013) 07/18/2013 6 Affidavit of Service by Plaintiff. United States of America served on 7/15/2013, answer due 9/13/2013. (Attachments: # 1 Exhibit A - Certified Mail Return Receipt from John Vaudreuil, # 2 Exhibit B - Certified Mail Return Receipt from Eric Holder) (West, Travis) (Entered: 07/18/2013) 09/05/2013 7 Motion for Extension of Time to File Answer re 1 Complaint,, by Defendant United States of America. Motions referred to Magistrate Judge Stephen L. Crocker. (Strong, James) (Entered: 09/05/2013) 09/05/2013 8 ** TEXT ONLY ORDER ** ORDER granting 7 Motion for Extension of Time to Answer. United States of America answer due 10/15/2013. Signed by Magistrate Judge Stephen L. Crocker on 9/5/13. (rep) (Entered: 09/05/2013) 09/05/2013 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 10/22/2013 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (rep) (Entered: 09/05/2013) 10/09/2013 9 Motion to Stay Case by Defendant United States of America. (Strong, James) (Entered: 10/09/2013) 10/10/2013 10 ** TEXT ONLY ORDER ** The government has moved to stay this case in light of the federal government cessation 9 . The court's default position is to grant such motions, but it will stay a decision in this case for seven days to allow any other party to object to the requested stay on the ground that a stay will cause an unreasonable hardship to the objecting party. Absent a timely objection, the stay shall be granted. Brief in Opposition due 10/17/2013. Signed by Magistrate Judge Stephen L. Crocker on 10/10/2013. (voc) (Entered: 10/10/2013) 10/16/2013 11 Response Stating No Opposition by Plaintiff Vee's Marketing, Inc. re: 9 Motion to Stay filed by United States of America (West, Travis) (Entered: 10/16/2013) 10/16/2013 12 ** TEXT ONLY ORDER ** In the absence of opposition, the government's motion to stay this case 9 is GRANTED. Upon the resumption of federal government services, the government's 7/8/2015 10:52 AM ECF Western District of Wisconsin 4 of 11 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 deadline to answer or otherwise respond to the complaint shall be recomputed by extending the October 15, 2013 deadline by the length of the shutdown, and the clerk of court shall set a telephonic preliminary pretrial conference for a date about three weeks thereafter. Signed by Magistrate Judge Stephen L. Crocker on 10/16/2013. (voc) (Entered: 10/16/2013) 10/23/2013 Reset Deadlines: United States of America answer due 10/29/2013. (voc) (Entered: 10/23/2013) 10/23/2013 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 11/26/2013 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (voc) (Entered: 10/23/2013) 10/25/2013 13 Notice of Appearance (and Notice of Substitution of Counsel) filed by Harris J. Phillips for Defendant United States of America (Phillips, Harris) (Entered: 10/25/2013) 10/25/2013 14 Unopposed Motion for Extension of Time to File Answer re 1 Complaint,, by Defendant United States of America. Motions referred to Magistrate Judge Stephen L. Crocker. (Phillips, Harris) (Entered: 10/25/2013) 10/28/2013 15 ** TEXT ONLY ORDER ** ORDER granting 14 Motion for Extension of Time to Answer. The government shall not receive any additional extensions of this deadline. United States of America answer due 11/29/2013. Signed by Magistrate Judge Stephen L. Crocker on 10/28/2013. (voc) (Entered: 10/28/2013) 10/28/2013 Telephone Pretrial Conference: Telephone Pretrial Conference rescheduled from 11/26/2013 to 12/17/2013 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (voc) (Entered: 10/28/2013) 11/26/2013 16 ANSWER by Defendant United States of America. (Phillips, Harris) (Entered: 11/26/2013) 12/13/2013 17 Joint Preliminary Pretrial Conference Report by Defendant United States of America, Plaintiff Vee's Marketing, Inc. (Connelly, George) (Entered: 12/13/2013) 12/16/2013 Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 12/17/2013 at 01:00 PM rescheduled to 02:30 PM the same date to accommodate the court's calendar. Counsel for Plaintiff remains responsible for setting up the call to chambers at (608) 264-5153. (cak) (Entered: 12/16/2013) 12/27/2013 18 Pretrial Conference Order - Amendments to Pleadings due 2/7/2014. Dispositive Motions due 8/29/2014. Settlement Letters due 12/19/2014. Final Pretrial Submissions due 1/5/2015. Court Trial set for 2/2/2015 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 12/26/13. (rep) (Entered: 12/27/2013) 01/02/2014 19 Notice of Appearance filed by Erin Healy Gallagher for Defendant United States of America (Healy Gallagher, Erin) (Entered: 01/02/2014) 7/8/2015 10:52 AM ECF Western District of Wisconsin 5 of 11 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 07/23/2014 20 MOTION FOR SUMMARY JUDGMENT by Plaintiff Vee's Marketing, Inc. Brief in Opposition due 8/13/2014. Brief in Reply due 8/25/2014. (Connelly, George) (Entered: 07/23/2014) 07/23/2014 21 Proposed Brief in Support of 20 Motion for Summary Judgment by Plaintiff Vee's Marketing, Inc. (Connelly, George) (Entered: 07/23/2014) 07/23/2014 22 Proposed Findings of Fact filed by Plaintiff Vee's Marketing, Inc. re: 20 Motion for Summary Judgment. (Connelly, George) (Entered: 07/23/2014) 07/23/2014 23 Evidentiary Materials for Proposed Findings of Fact filed by Plaintiff Vee's Marketing, Inc. re: 20 Motion for Summary Judgment (Attachments: # 1 Exhibit 1 - Copy of Depo of Scott Vee, p. 37-39, 57 & 96 (See 24 for full deposition.), # 2 Exhibit 2 - Copy of Exhibit 5 to Depositions to date, cover page and pg. 6, Description of Plan, # 3 Exhibit 3 - Copy of IRS Assessment Notices, # 4 Exhibit 4 - Copy of IRS Form 886A, # 5 Exhibit 5 - Copy of I.R.C. Section 6707A, # 6 Exhibit 6 - Copy of Treas. Reg. Sec. 1.6011-4, # 7 Exhibit 7 - Copy of IRS letter dated Nov. 29, 2011, # 8 Exhibit 8 - Copy of Fax from IRS Agent J. Petty to Stephen Mason, # 9 Exhibit 9 - Copy of IRS Notice 95-34, # 10 Exhibit 10 - Copy of Treas. Dec. 8877, 2000-1 C.B. 747 (Feb. 28, 2000), # 11 Exhibit 11 - Copy of American Jobs Creation Act Section 811, 118 Stat. 1575, # 12 Exhibit 12 - Copy of IRS Notice 2000-15, # 13 Exhibit 13 - Copy of IRS Notice 2009-59, # 14 Exhibit 14 - Copy of U.S. Responses to Plaintiff's First Request for Admissions, Paragraphs 33, 34 and 43, # 15 Exhibit 15 - Copy of Plaintiff's First Set of Interrogs to Defendant, Paragraphs 8 and 9, # 16 Exhibit 16 - Copy of U.S. Responses to Plaintiff's 1st Set of Interrogs, Paragraphs 8 and 9) (Connelly, George) Modified on 7/23/2014. (lak) (Entered: 07/23/2014) 07/24/2014 24 Deposition of Scott B. Vee taken on June 17, 2014. (Connelly, George) (Entered: 07/24/2014) 08/13/2014 25 MOTION FOR PARTIAL SUMMARY JUDGMENT by Defendant United States of America. Brief in Opposition due 9/3/2014. Brief in Reply due 9/15/2014. (Healy Gallagher, Erin) (Entered: 08/13/2014) 08/13/2014 26 Brief in Support of 25 Motion for Partial Summary Judgment by Defendant United States of America. (Healy Gallagher, Erin) (Entered: 08/13/2014) 08/13/2014 27 Proposed Findings of Fact filed by Defendant United States of America re: 25 Motion for Partial Summary Judgment (Attachments: # 1 Declaration of Barbara Cantrell), # 2 Exhibit D-22 - Letter Dated 12/15/2004, # 3 Exhibit D-105 - Plaintiff's Response to Defendant's First Requests for Admission, 7/8/2015 10:52 AM ECF Western District of Wisconsin 6 of 11 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 # 4 Exhibit D-106 - Plaintiff's Response to Defendant's Second Requests for Admission, # 5 Exhibit D-107 - Plaintiff's Response to Defendant's First Interrogatories) (Healy Gallagher, Erin) Modified on 8/14/2014. (lak) (Entered: 08/13/2014) 08/13/2014 28 Brief in Opposition by Defendant United States of America re: 20 Motion for Summary Judgment filed by Vee's Marketing, Inc. (Healy Gallagher, Erin) (Entered: 08/13/2014) 08/13/2014 29 Response to Proposed Findings of Fact filed by Defendant United States of America re: 20 Motion for Summary Judgment (Attachments: # 1 Declaration of Barbara Cantrell), # 2 Exhibit D-22 - Letter Dated 12/15/2004, # 3 Exhibit D-37 - Letter from Actuarial Administrators to Scott Vee, # 4 Exhibit D-107 - Plaintiff's Response to Defendant's First Interrogatories) (Healy Gallagher, Erin) Modified on 8/14/2014. (lak) (Entered: 08/13/2014) 08/13/2014 30 Proposed Findings of Fact filed by Defendant United States of America re: 20 Motion for Summary Judgment (Attachments: # 1 Declaration of Barbara Cantrell), # 2 Exhibit D-22 - Letter Dated 12/15/2004, # 3 Exhibit D-105 - Plaintiff's Response to Defendant's First Requests for Admission, # 4 Exhibit D-106 - Plaintiff's Response to Defendant's Second Requests for Admission, # 5 Exhibit D-107 - Plaintiff's Response to Defendant's First Interrogatories) (Healy Gallagher, Erin) Modified on 8/14/2014. (lak) (Entered: 08/13/2014) 08/25/2014 31 Brief in Reply by Plaintiff Vee's Marketing, Inc. in Support of 20 Motion for Summary Judgment. (Connelly, George) (Entered: 08/25/2014) 08/25/2014 32 Response to Proposed Findings of Fact filed by Plaintiff Vee's Marketing, Inc. re: 20 Motion for Summary Judgment. (Connelly, George) (Entered: 08/25/2014) 08/25/2014 33 Reply in Support of Proposed Findings of Fact filed by Plaintiff Vee's Marketing, Inc. re: 20 Motion for Summary Judgment. (Connelly, George) (Entered: 08/25/2014) 08/25/2014 34 Supplement to 22 Proposed Findings of Fact re: 20 Motion for Summary Judgment filed by Vee's Marketing, Inc. (Connelly, George) Modified on 8/26/2014. (lak) (Entered: 08/25/2014) 08/25/2014 35 Supplement to 23 Proposed Findings of Fact re: 20 Motion for Summary Judgment filed by Vee's Marketing, Inc., (Attachments: # 1 Exhibit 17 - Copy of Letter from IRS to Vee's Mktg. Dated 4-24-2012, in Response to the April 16, 2012 Amended Protest, # 2 Exhibit 18 - Copy of U.S.' Responses to Plaintiff's First Request for Production of Documents and Things) (Connelly, George) Modified on 8/26/2014. (lak) (Entered: 08/25/2014) 09/03/2014 36 Response to Proposed Findings of Fact filed by Plaintiff Vee's Marketing, Inc. re: 25 Motion for Partial Summary Judgment. (Connelly, George) Modified on 9/3/2014 to link to correct motion for summary judgment. (lak) (Entered: 09/03/2014) 7/8/2015 10:52 AM ECF Western District of Wisconsin 7 of 11 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 09/03/2014 37 Brief in Opposition by Plaintiff Vee's Marketing, Inc. re: 25 Motion for Partial Summary Judgment. (Connelly, George) Modified on 9/3/2014 to link to correct motion for summary judgment. (lak) (Entered: 09/03/2014) 09/03/2014 38 Proposed Findings of Fact filed by Plaintiff Vee's Marketing, Inc. re: 25 Motion for Partial Summary Judgment. (Connelly, George) Modified on 9/3/2014 to link to correct motion for summary judgment. (lak) (Entered: 09/03/2014) 09/03/2014 39 Proposed Findings of Fact filed by Plaintiff Vee's Marketing, Inc. re: 25 Motion for Partial Summary Judgment, (Attachments: # 1 Exhibit - Copy of Deposition of Scott Vee taken on June 17, 2014, p. 37-39. 57 and 96 (See 24 for full deposition.), # 2 Exhibit - Copy of Exhibit 5 to Depositions to date, cover page and page 6, Description of Plan, # 3 Exhibit - Copies of IRS assessment notices, # 4 Exhibit - Copy of IRS Form 886A, # 5 Exhibit - Copy of I.R.C. Section 6707A, # 6 Exhibit - Copy of Treasury Regulation Section 1.6011-4, # 7 Exhibit - Copy of IRS letter dated November 29, 2011, # 8 Exhibit - Copy of Fax from IRS Agent J. Petty to Stephen Mason, # 9 Exhibit - Copy of IRS Notice 95-34, # 10 Exhibit - Copy of Treasury Decision 8877, 2000-1 C.B. 747 (Feb. 28, 2000), # 11 Exhibit - Copy of American Jobs Creation Act, Section 811, 118 Stat. 1575, # 12 Exhibit - Copy of IRS Notice 2000-15, # 13 Exhibit - Copy of IRS Notice 2009-59, # 14 Exhibit - Copy of U.S.' Responses to Plaintiff's First Request for Admissions, Pages 33, 34 and 43, # 15 Exhibit - Copy of Plaintiff's First Set of Interrogatories to Defendant, Pages 8 and 9, # 16 Exhibit - Copy of U.S.' Responses to Plaintiff's First Set of Interrogatories, Pages 8 and 9, # 17 Exhibit - Copy of letter from the Internal Revenue Service to Vee's Marketing, Inc. dated April 24, 2012, in response to the April 16, 2012 Amended Protest, # 18 Exhibit - Copy of U.S.' Responses to Plaintiff's First Request for Production of Documents and Things) (Connelly, George) Modified on 9/3/2014 to link to correct motion for summary judgment. (lak) (Entered: 09/03/2014) 09/15/2014 40 Brief in Reply by Defendant United States of America in Support of 25 Motion for Partial Summary Judgment. (Phillips, Harris) (Entered: 09/15/2014) 09/15/2014 41 Reply in Support of Proposed Findings of Fact filed by Defendant United States of America re: 25 Motion for Partial Summary Judgment. (Phillips, Harris) (Entered: 09/15/2014) 09/15/2014 42 Response to Proposed Findings of Fact filed by Defendant United States of America re: 25 Motion for Partial Summary Judgment (Attachments: # 1 Declaration of Barbara Cantrell (Also see 43 .), # 2 Exhibit D-22 (Letter from Strommen), # 3 Exhibit D-37 (Letter from Actuarial Administrators), 7/8/2015 10:52 AM ECF Western District of Wisconsin 8 of 11 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 # 4 Exhibit D-107 (Plaintiff's Responses to Defendant's First Interrogatories)) (Phillips, Harris) Modified on 9/15/2014: Declaration (with exhibits) to be filed separately. (lak) (Entered: 09/15/2014) 09/15/2014 43 Declaration of Barbara Cantrell filed by Defendant United States of America re: 25 Motion for Partial Summary Judgment (Attachments: # 1 Exhibit D-22 (Letter from Strommen), # 2 Exhibit D-37 (Letter from Actuarial Administrators), # 3 Exhibit D-107 (Plaintiff's Responses to Defendant's First Interrogatories)) (Phillips, Harris) (Entered: 09/15/2014) 10/10/2014 44 ORDER denying 20 Motion for Summary Judgment by plaintiff. Granting 25 Motion for Partial Summary Judgment filed by defendant. The case will proceed to trial on the question whether plaintiff participated in a transaction that is the same as or substantially similar to one of the types of transaction in Notice 95-34. Signed by District Judge Barbara B. Crabb on 10/10/2014. (voc) (Entered: 10/10/2014) 01/06/2015 Reset Court Trial Hearing: Court Trial rescheduled from 2/2/2015 to 2/9/2015 to accommodate the court's calendar. Court Trial set for 2/9/2015 at 09:00 AM. (voc) (Entered: 01/06/2015) 02/02/2015 Reset Trial: Court Trial set for 2/9/2015 is reset to 2/10/2015 at 09:00 AM to accommodate the court's calendar. (jat) (Entered: 02/02/2015) 02/02/2015 45 Joint Final Pretrial Conference Report by Defendant United States of America, Plaintiff Vee's Marketing, Inc., (Attachments: # 1 Exhibit A - Stipulations of Fact, # 2 Exhibit B - Trial Exhibits (Each to be refiled.), # 3 Exhibit C - Deposition Designations, # 4 Attachment to Exhibit C - Deposition of Jordan Glaski (To be filed separately.), # 5 Attachment to Exhibit C - Deposition CJA & Associates Through Jeffrey I. Bleiweis (To be filed separately.), # 6 Attachment to Exhibit C - Deposition of William Hobbs (To be filed separately.), # 7 Attachment to Exhibit C - Deposition of Robert A. Strommen (To be filed separately.), # 8 Attachment to Exhibit C - Michael Dipiazza (To be filed separately.), # 9 Attachment to Exhibit C - Dr. Clyde A. Maxwell, Jr. (To be filed separately.), # 10 Attachment to Exhibit C - William R. Hobbs (To be filed separately.), # 11 Attachment to Exhibit C - Raymond Ankner (To be filed separately.) (Connelly, George) Modified on 2/2/2015. (lak) (Entered: 02/02/2015) 02/02/2015 46 Proposed Findings of Fact by Plaintiff Vee's Marketing, Inc. (Connelly, George) (Entered: 02/02/2015) 02/02/2015 47 Proposed Special Verdict - Liability by Plaintiff Vee's Marketing, Inc. (Connelly, George) (Entered: 02/02/2015) 02/02/2015 Set Telephone Status Conference: Telephone Status Conference set for 2/3/2015 at 05:30 PM before Judge Barbara B. Crabb. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5447. (voc) (Entered: 02/02/2015) 7/8/2015 10:52 AM ECF Western District of Wisconsin 9 of 11 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 02/02/2015 48 Proposed Findings of Fact by Defendant United States of America. (Phillips, Harris) (Entered: 02/02/2015) 02/02/2015 49 Proposed Special Verdict - Liability by Defendant United States of America. (Phillips, Harris) (Entered: 02/02/2015) 02/03/2015 50 Deposition of Robert Strommen taken on June 18, 2014. (Connelly, George) (Entered: 02/03/2015) 02/03/2015 51 Deposition of Jordan Glaski taken on July 29, 2014. (Connelly, George) (Entered: 02/03/2015) 02/03/2015 52 Deposition of William R. Hobbs taken on July 31, 2014. (Connelly, George) (Entered: 02/03/2015) 02/03/2015 53 Deposition of Michael DiPiazza taken on October 8, 2014. (Connelly, George) (Entered: 02/03/2015) 02/03/2015 54 Deposition of Clyde A. Maxwell, Jr. taken on October 17, 2014. (Connelly, George) (Entered: 02/03/2015) 02/03/2015 55 Deposition of William R. Hobbs taken on October 27, 2014. (Connelly, George) (Entered: 02/03/2015) 02/03/2015 56 Deposition of Raymond Ankner taken on November 12, 2014. (Connelly, George) (Entered: 02/03/2015) 02/03/2015 57 Deposition of Jeffrey I. Bleiweis taken on November 13, 2014. (Connelly, George) (Entered: 02/03/2015) 02/04/2015 58 ** TEXT ONLY ORDER ** At an unrecorded telephone conference held on February 3, 2015, the parties' request for a new trial date was granted. The trial will begin on April 13, 2015. The final pretrial conference will be held on April 9, 2015 at 4:00 p.m. The majority of the parties' pretrial filings have been made. If the parties wish to update any of them, they should file the new materials no later than Monday, April 6, 2015, together with any pretrial briefs the parties wish to file. Signed by District Judge Barbara B. Crabb on 2/4/2015. (voc) (Entered: 02/04/2015) 02/04/2015 Set Court Trial and Final Pretrial Conference Hearings: Court Trial set for 4/13/2015 at 09:00 AM. Final Pretrial Conference set for 4/9/2015 at 04:00 PM. (voc) (Entered: 02/04/2015) 04/06/2015 59 Pre-Trial Brief by Plaintiff Vee's Marketing, Inc. (Connelly, George) Modified on 4/7/2015. (lak) (Entered: 04/06/2015) 04/06/2015 60 Amended Exhibit List (Joint) by Defendant United States of America. (Phillips, Harris) (Entered: 04/06/2015) 04/06/2015 61 Amended Proposed Findings of Fact by Defendant United States of America. Amendment to 48 Proposed Findings of Fact. (Phillips, Harris) Modified on 4/7/2015. (lak) (Entered: 04/06/2015) 7/8/2015 10:52 AM ECF Western District of Wisconsin 10 of 11 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 04/06/2015 62 Trial Brief by Defendant United States of America. (Phillips, Harris) (Entered: 04/06/2015) 04/10/2015 63 Minute Entry for proceedings held before District Judge Barbara B. Crabb: Final Pretrial Conference held on 4/10/2015. Trial predicted to last 3-4 days. [:24] Attention: In the event of a settlement of this matter over the weekend, counsel are advised to contact the Clerk of Court at (608) 287-4875 or the Chief Deputy Clerk at (608) 354-8004. (Court Reporter CS.) (kwf) (Entered: 04/10/2015) 04/13/2015 04/14/2015 04/14/2015 Set Trial Date: Court Trial set for 4/14/2015 at 09:00 AM. (kwf) (Entered: 04/13/2015) 64 Minute Entry for proceedings held before District Judge Barbara B. Crabb: 1st Day Court Trial held on 4/13/2015. Trial continues. [7:00] (Court Reporter CS.) (kwf) (Entered: 04/14/2015) Set Trial Date: Court Trial set for 4/15/2015 at 09:00 AM. (kwf) (Entered: 04/14/2015) 04/15/2015 65 Minute Entry for proceedings held before District Judge Barbara B. Crabb: 2nd Day Court Trial held on 4/14/2015. Trial continues. [5:36] (Court Reporter CS.) (kwf) (Entered: 04/15/2015) 04/15/2015 66 Minute Entry for proceedings held before District Judge Barbara B. Crabb: 3rd Day Court Trial held on 4/15/2015. Trial concluded. [:49] (Court Reporter CS.) (kwf) (Entered: 04/15/2015) 05/04/2015 67 Transcript of 1st Day of Court Trial, held 4/13/2015 before Judge Barbara B. Crabb. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see Electronic Transcript Instructions and Notice of Intent to Request Redaction. (kwf) (Entered: 05/04/2015) 05/04/2015 68 Transcript of 2nd Day of Court Trial, held 4/14/2015 before Judge Barbara B. Crabb. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see Electronic Transcript Instructions and Notice of Intent to Request Redaction. (kwf) (Entered: 05/04/2015) 05/04/2015 69 Transcript of 3rd Day of Court Trial, held 4/15/2015 before Judge Barbara B. Crabb. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see Electronic Transcript Instructions and Notice of Intent to Request Redaction. (kwf) (Entered: 05/04/2015) 05/21/2015 70 ORDER: That plaintiff Vee's Marketing, Inc.'s claim brought under 28 U.S.C. § 1346(a)(1) and 26 U.S.C. § 7422(a) for refund of the $40,000 of payments made for its failure to file Form 8886 with the Internal Revenue Service in the tax years 2004-07 is DENIED. Signed by District Judge Barbara B. Crabb on 5/21/2015. (voc) (Entered: 05/21/2015) 7/8/2015 10:52 AM ECF Western District of Wisconsin 11 of 11 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?385422974806059-L_1_0-1 05/21/2015 71 JUDGMENT entered in favor of Defendant United States of America dismissing the case. (VO). Signed by Peter A. Oppeneer, Clerk of Court on 5/21/2015. (voc) (Entered: 05/21/2015) 07/08/2015 72 NOTICE OF APPEAL by Plaintiff Vee's Marketing, Inc. as to 71 Judgment, 70 Order. Filing fee of $ 505, receipt number 0758-1589013 paid. (Attachments: # 1 Docketing Statement, # 2 Disclosure Statement, # 3 Transcript Information Sheet) (Connelly, George) Modified on 7/8/2015: Appeal to the 7th Circuit, not the Federal Circuit. (lak) (Entered: 07/08/2015) 7/8/2015 10:52 AM

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