KOOPMANN v. USA, No. 1:2009cv00333 - Document 598 (Fed. Cl. 2022)

Court Description: UNREPORTED MEMORANDUM OPINION AND ORDER granting in part and denying in part 423 Motion for Reconsideration on 375 Reported Opinion granting Motion to Dismiss. RCFC 54(b) Judgments for Plaintiffs Brian Leiding 403 , James B. Brooks 404 , Cate Shepard (on behalf of Richard E. Newton) 410 , Robert C. Seits 413 are vacated. The Clerk is directed to reinstate plaintiffs Leiding, Brooks, Shepard, and Seits and move these plaintiffs to Barnes, et al. v. United States, 09-33308. Plaintiffs Leiding, Brooks, Shepard, and Seits shall file a completed short form complaint no later than 7/22/2022. Signed by Judge Thompson M. Dietz. (Attachments: # 1 Short Form Complaint)(brs) Service on parties made.

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KOOPMANN v. USA Doc. 598 Att. 1 Case 1:09-cv-00333-TMD Document 391-1 Filed 01/12/21 Page 2 of 4 In the United States Court of Federal Claims ___________________________, et al., (Case Name: Fill in Koopmann or Sofman) Plaintiffs, v. THE UNITED STATES, Docket No. _______________ (Fill in: 09-cv-333 for Koopmann or 10-cv-157 for Sofman) Defendant. SHORT FORM COMPLAINT PLAINTIFF NAME: ___________________________________ By submitting this document, the above-named plaintiff adopts and incorporates by reference the Complaint filed in Koopmann v. United States, No. 09-333-T, on May 26, 2009, all exhibits to that Complaint, and any subsequent amendments to that Complaint. Plaintiff incorporates by reference and adopts each allegation and cause of action, except for any allegations and evidence that relate specifically to William Koopmann. Plaintiff seeks a refund of FICA tax collected by United Airlines and paid to the United States on nonqualified deferred compensation vested on the retirement of plaintiff (or plaintiff’s deceased predecessor) from United Airlines. Plaintiff (or plaintiff’s deceased predecessor) filed an administrative claim for refund with the Internal Revenue Service, and the Service has either disallowed that administrative claim, or more than six (6) months have passed since the administrative claim was filed with the Service. In particular, plaintiff alleges the following: Dockets.Justia.com Case 1:09-cv-00333-TMD Document 391-1 Filed 01/12/21 Page 3 of 4 INFORMATION REGARDING PLAINTIFF 1. Name of plaintiff: ____________________________________ 2. Current address & telephone number: ____________________________________ ____________________________________ ____________________________________ ____________________________________ 3. Current email address (if plaintiff uses email): ____________________________________ 4. Name of retired pilot (if different from plaintiff): ____________________________________ 5. Social security number of retired pilot: ____________________________________ INFORMATION REGARDING REFUND CLAIM FILED WITH IRS 6. Date of filing of pilot’s refund claim with IRS: ____________________________________ 7. Tax period(s) for which pilot’s claim with IRS sought a refund: ____________________________________ 8. Did IRS disallow refund claim? ____________________________________ 9. Date IRS disallowed refund claim (if claim was disallowed): ____________________________________ A COMPLETE COPY OF THE PILOT’S REFUND CLAIM WITH THE IRS, INCLUDING ALL ATTACHMENTS TO THAT CLAIM MUST BE FILED WITH THE COURT ALONG WITH THIS SHORT-FORM COMPLAINT Case 1:09-cv-00333-TMD Document 391-1 Filed 01/12/21 Page 4 of 4 INFORMATION REGARDING PLAINTIFF’S CLAIMS IN THIS CASE 10. The amount of the tax refund plaintiff claims in this suit: ____________________________________ 11. State the amount(s) of FICA tax that United Airlines collected from the retired pilot and the date(s) on which United Airlines collected the amount(s): 12. If the amount of the tax refund that plaintiff claims in this suit differs from the amount(s) of FICA tax that United Airlines collected from the retired pilot, explain how plaintiff computed the amount of the claim in this suit: Date: _____________ Signature: _____________________________ Name of plaintiff: _______________________

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