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Case TitleTAX ANALYSTS v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01700
Date Filed2023-06-12
Date Closed2024-07-29
JudgeJudge Ana C. Reyes
PlaintiffTAX ANALYSTS
Case DescriptionTax Analysts submitted a FOIA request to the IRS for records concerning an unredacted copy of Field Agency Advice 20223302F, which addresses a taxpayer attempting to use the provisions of the U.S. Mexico Income Tax Convention to excuse themselves of their obligation to file Form 5471and whether the taxpayer has reasonable cause for their failure to file said form. The IRS acknowledged receipt of the request and denied the request under Exemption 3 (other statutes). Tax Analysts filed an administrative appeal, which was denied. Tax Analysts then requested the IRS to disclose the FAA under Section 6110, which allows for disclosure if the advice is considered a ruling. After hearing nothing further from the agency, Tax Analysts filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-121COMPLAINT TAX ANALYSTS against INTERNAL REVENUE SERVICE ( Filing fee $ 402 receipt number ADCDC-10133265) filed by TAX ANALYSTS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons request, # 3 Summons request, # 4 Summons request)(Hitchcock, Cornish) (Entered: 06/12/2023)
2023-06-13Case Assigned to Judge Ana C. Reyes. (zsl) (Entered: 06/13/2023)
2023-06-132SUMMONS (3) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 06/13/2023)
2023-06-283LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TAX ANALYSTS (Hitchcock, Cornish) (Entered: 06/28/2023)
2023-06-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/20/2023. Answer due for ALL FEDERAL DEFENDANTS by 7/20/2023. (Hitchcock, Cornish) (Entered: 06/29/2023)
2023-06-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 6/23/2023 (Hitchcock, Cornish) (Entered: 06/29/2023)
2023-06-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/23/2023. (Hitchcock, Cornish) (Entered: 06/29/2023)
2023-07-207MOTION for Extension of Time to File Answer by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 07/20/2023)
2023-07-21MINUTE ORDER: Having considered 7 Defendant's Motion for Extension of Time to Answer or Otherwise Respond to the Complaint, and for good cause shown, the Court GRANTS Defendant's motion and ORDERS that Defendant shall have until August 17, 2023 to file its Answer or other response to the Complaint. Signed by Judge Ana C. Reyes on 7/21/23. (lcas) (Entered: 07/21/2023)
2023-07-25Set/Reset Deadlines/Hearings: Answer to complaint due by 8/17/2023. (zcdw) (Entered: 07/25/2023)
2023-08-178ANSWER to Complaint by INTERNAL REVENUE SERVICE.(Peyton, Joycelyn) (Entered: 08/17/2023)
2023-08-18MINUTE ORDER. Plaintiff filed this Freedom of Information Act ("FOIA") action on June 12, 2023. Dkt 1. Defendant filed its Answer on August 17, 2023. Dkt. 8. Cases filed under FOIA are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. See LCvR 16.3(b)(10). Accordingly, it is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report on or before September 22, 2023. The Joint Status Report should address, among other things: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Counsel shall not contact Chambers directly concerning scheduling or other matters, as Chambers personnel will not handle questions relating to the status or scheduling of pending matters, except in case of an emergency. In an emergency, Chambers can be reached at (202) 354-3350. Signed by Judge Ana C. Reyes on 8/18/23. (lcas) (Entered: 08/18/2023)
2023-09-229Joint STATUS REPORT by TAX ANALYSTS. (Hitchcock, Cornish) (Entered: 09/22/2023)
2023-10-1310Amended STATUS REPORT as to ECF # 9 by TAX ANALYSTS. (Hitchcock, Cornish) (Entered: 10/13/2023)
2023-10-16MINUTE ORDER. The Court reminds the parties that Section 7(f) of the Court's standing order requires a party that wishes to file a dispositive motion to submit a short notice requesting a pre-motion conference. The Court will not set a summary judgment briefing schedule before the parties have taken the steps set out in Section 7(f). Signed by Judge Ana C. Reyes on 10/16/2023. (lcar3) (Entered: 10/16/2023)
2023-11-0111NOTICE of Anticipated Motion and Request for Pre-Motion Conference by INTERNAL REVENUE SERVICE (Peyton, Joycelyn) (Entered: 11/01/2023)
2023-11-0712RESPONSE re 11 Notice (Other) notice of anticipated motion and request for pre-motion conference filed by TAX ANALYSTS. (Hitchcock, Cornish) (Entered: 11/07/2023)
2023-11-0713Consent MOTION for Order to hold pre-motion conference by video by TAX ANALYSTS. (Attachments: # 1 Proposed order)(Hitchcock, Cornish) (Entered: 11/07/2023)
2023-11-08MINUTE ORDER granting 13 Plaintiff's Consent Motion to Hold Pre-Motion Conference by Video. It is ORDERED that the upcoming Pre-Motion Conference, see Dkts. 11 and 12, will be conducted by video. The parties are reminded to contact Judge Reyes's Courtroom Deputy, Chashawn White (chashawn_white@dcd.uscourts.gov), if they have not already done so, to schedule the Pre-Motion Conference. Signed by Judge Ana C. Reyes on 11/8/2023. (lcar3) (Entered: 11/08/2023)
2023-11-13NOTICE of Hearing: Pre-motion Conference set for 11/14/2023 at 12:30 PM via videoconference before Judge Ana C. Reyes. (zcdw) (Entered: 11/13/2023)
2023-11-13MINUTE ORDER. It is hereby ORDERED that the Pre-Motion Conference scheduled for November 14, 2023, is VACATED. The parties are ORDERED to meet and confer regarding the redactions in the document at issue in this case and to attempt in good faith to resolve their dispute. If the parties cannot resolve the dispute by meeting and conferring, the Court will conduct an in camera review of the document at issue. If the Court concludes after that review that either party acted unreasonably or in bad faith (i.e., that it was obvious that Defendant's redactions were appropriate or overbroad), the Court will enter an order requiring the offending party to show cause why the Court should not order sanctions. It is further ORDERED that the parties shall submit a joint status report on or before December 11, 2023. Signed by Judge Ana C. Reyes on 11/13/2023. (lcar3) (Entered: 11/13/2023)
2023-11-14Set/Reset Deadlines/Hearings: Joint Status Report due by 12/11/2023. (zcdw) (Entered: 11/14/2023)
2023-12-1114Joint MOTION for Extension of Time to File Joint Status Report by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 12/11/2023)
2023-12-12MINUTE ORDER granting 14 Motion for Extension of Time. It is hereby ORDERED that the parties shall submit their joint status report on or before February 23, 2024. Signed by Judge Ana C. Reyes on 12/12/2023. (lcar3) (Entered: 12/12/2023)
2023-12-14Set/Reset Deadlines/Hearings: Joint Status Report due by 2/23/2024. (zcdw) (Entered: 12/14/2023)
2024-02-2315Joint MOTION for Extension of Time to File Status Report by INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Peyton, Joycelyn) (Entered: 02/23/2024)
2024-02-23MINUTE ORDER granting 15 Second Motion for Extension of Time. It is hereby ORDERED that the parties shall submit their joint status report on or before March 25, 2024. Signed by Judge Ana C. Reyes on 2/23/2024. (lcar3) (Entered: 02/23/2024)
2024-02-25Set/Reset Deadlines/Hearings: Joint Status Report due by 3/25/2024. (zcdw) (Entered: 02/25/2024)
2024-03-2516Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) (Entered: 03/25/2024)
2024-03-25MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file either a stipulation of dismissal or a further joint status report on or before April 24, 2024. The Court congratulates the parties on resolving their substantive dispute and appreciates their efforts to resolve this case amicably. Signed by Judge Ana C. Reyes on 3/25/2024. (lcar3) (Entered: 03/25/2024)
2024-03-26Set/Reset Deadlines/Hearings: Stipulation of dismissal or further joint status report due by 4/24/2024. (zcdw) (Entered: 03/26/2024)
2024-04-2417Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) (Entered: 04/24/2024)
2024-04-25MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file either a stipulation of dismissal or a further joint status report on or before May 21, 2024. Signed by Judge Ana C. Reyes on 4/25/2024. (lcar3) (Entered: 04/25/2024)
2024-04-30Set/Reset Deadlines/Hearings: Stipulation of dismissal or joint status report due by 5/21/2024. (zcdw) (Entered: 04/30/2024)
2024-05-2118Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) (Entered: 05/21/2024)
2024-07-2219Joint STATUS REPORT by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) (Entered: 07/22/2024)
2024-07-29MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, the Court hereby ORDERS the parties to file either a stipulation of dismissal or a further joint status report on or before September 20, 2024. Signed by Judge Ana C. Reyes on 7/29/2024. (lcar3) (Entered: 07/29/2024)
2024-07-2920STIPULATION of Dismissal by INTERNAL REVENUE SERVICE. (Peyton, Joycelyn) (Entered: 07/29/2024)
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