You're viewing Docket Item 54 from the case CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES v. USA. View the full docket and case details.

Download this document:




Case 1:06-cv-00305-MBH Document 54 Filed 09/28/2007 Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS



No. 06-305 T

Judge Marian Blank Horn

CONSOLIDATED EDISON COMPANY



OF NEW YORK, INC. &
SUBSIDIARIES,






Plaintiff,

v.





THE UNITED STATES,

Defendant.

























)
)
)
)
)
)
)
)
)
)
)
)
)


JOINT STATEMENT – ISSUES OF LAW



The Plaintiff, Consolidated Edison Company of New York and Subsidiaries, and the

Defendant, United States of America submit this Joint Statement – Issues of Law. The parties

agree that there are three issues of law common to all sides. These issues are as follows:



(1). Whether the form of the Transaction will be respected for federal tax purposes.

(2). Whether the loan by Hollandsche Bank-Unie N.V. to Plaintiff constitutes bona-

fide indebtedness and should be respected for federal tax purposes.

(3). Whether the investment by Con Edison NY in the EZH lease and sublease

transaction which closed December 15, 1997 (the “EZH Lease Transaction”) has economic

substance.

2766771.1

Case 1:06-cv-00305-MBH Document 54 Filed 09/28/2007 Page 2 of 2

The parties agree that the Plaintiff has the burden of proof on all issues in this refund suit,

except that Plaintiff reserves the issue of whether it has the burden of proof regarding any

contentions regarding Plaintiff's response to Defendant's discovery and/or destruction of records.

Respectfully submitted this 28th day of September, 2007.





/s/ David F. Abbott
David F. Abbott
MAYER BROWN LLP
1675 Broadway
New York, NY 10019-5820
Tel: (212) 506-2642
Fax: (212) 849-5642
[email protected]
Attorney for Plaintiff



/s/ David N. Geier
David N. Geier
Attorney of Record
Trial Attorney, Tax Division
Joseph A. Sergi
Adam Smart
Trial Attorneys, Tax Division
U.S. DEPARTMENT OF JUSTICE
Post Office Box 26
Ben Franklin Station
Washington, D.C. 20044
Tel. (202) 616-3448
Fax: (202) 307-0054
[email protected]

Richard T. Morrison
Assistant Attorney General
David Gustafson
Chief, Court of Federal Claims Section
Steven I. Frahm
Assistant Chief, Court of Federal Claim Section

2

2766771.1