Opinion
Case No. C-04-5142-MHP.
November 23, 2005
KEVIN V. RYAN (CSBN 118321), United States Attorney, JAY R. WEILL (CSBN 75434), Chief, Tax Division, San Francisco, CA.
PHILIP E. BLONDIN, JENNIFER D. AUCHTERLONIE, PAUL S. HAM (CSBN 227395), Trial Attorneys, Tax Division, U.S. Department of Justice, Washington, D.C., Attorneys for respondent the United States of America.
STIPULATED DISMISSAL, and [Proposed] ORDER
Petitioners — Phoenix Cobalt Carina LLC, Lease Management Associates Inc, Gus Constantin, and Andrew Constantin — and Respondent United States of America, through their respective attorneys, hereby stipulate and agree as follows:
1. On December 5, 2004, Petitioners initiated this action, seeking, inter alia, a redetermination of the Notice of Final Partnership Administrative Adjustment ("FPAA") issued by the Internal Revenue Service to Phoenix Cobalt Carina LLC regarding its tax year ending September 30, 2000;
2. The parties hereby dismiss this action with prejudice;
3. Pursuant to 26 U.S.C. Section 6226(h), the FPAA, as described in paragraph 1 above, is deemed correct; and
4. The parties are to bear their own costs incurred in this action, including attorney's fees and costs.PURSUANT TO STIPULATION, IT IS SO ORDERED.