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Judicial Watch • JW v IRS Complaint

JW v IRS Complaint

JW v IRS Complaint

Page 1: JW v IRS Complaint

Category:IRS Scandal

Number of Pages:4

Date Created:November 7, 2013

Date Uploaded to the Library:October 10, 2014

Tags:IRS


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 
 
JUDICIAL WATCH, INC., 
425 Third Street, S.W., Suite 800  
Washington,  20024, 
Plaintiff, Civil Action No. 
INTERNAL REVENUE SERVICE, 
1111 Constitution Avenue, 
Washington, 20224, 
Defendant. 
___________________________________ 
 
COMPLAINT 
 
 Plaintiff Judicial Watch, Inc. brings this action against Defendant Internal Revenue Service compel compliance with the Freedom Information Act, U.S.C.  552 (FOIA). grounds therefor, Plaintiff alleges follows: 
JURISDICTION AND VENUE The Court has jurisdiction over this action pursuant U.S.C.  552(a)(4)(B) and U.S.C.  1331. Venue proper this district pursuant U.S.C.  1391(e).   
PARTIES Plaintiff non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, S.W., Suite 800, Washington, 20024.  Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest 
mission, Plaintiff regularly requests access the public records federal, state, and local government agencies, entities, and offices, and disseminates its findings the public. Defendant agency the United States Government and headquartered 1111 Constitution Avenue, NW, Washington,  20224.  Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS May 22, 2013, Plaintiff sent FOIA request Defendant seeking access the following public records: 
Any and all records and communications concerning, regarding, related the selection individuals for audit based information contained 501(c)(4) tax exempt applications.  
 
The time frame the request was identified being January 2010 the present.  The request does not seek information about any individual taxpayer, any individual taxpayers tax return, any return information about individual taxpayer. letter dated June 25, 2013, Defendant acknowledged receiving Plaintiffs request June and assigned the request number F13156-0085.  Defendants June 25, 2013 letter advised Plaintiff that Defendant had extended the statutory response date July 18, 2013, after which you can file suit.  Defendants June 25, 2013 letter also advised Plaintiff that, [u]nfortunately, will still unable locate and consider release the requested records July 18, 2013, and, result, [w]e have extended the response date August 16, 2013 when believe can provide final response.  The letter characterized the extension until August 16, 2013 request and advised Plaintiff that, [y]ou may file suit you not agree extension beyond the statutory period You may file suit after July 18, 2013. letter dated August 13, 2013, Defendant further advised Plaintiff that was still working your request and need[ed] additional time obtain and review documents responsive your request and that would contact you September 27, 2013 was still unable complete your request. Plaintiff has received further communications from Defendant concerning the status Defendants response Plaintiffs request. the date this Complaint, Defendant has failed make determination about whether will comply with Plaintiffs request, notify Plaintiff any determination, notify Plaintiff his right appeal any adverse determination the head the agency.  Nor has Defendant produced any records responsive the request, indicated when any responsive records will produced, demonstrated that responsive records are exempt from production.      
 10. Because Defendant failed comply with the time limit set forth U.S.C.  552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with respect its FOIA request, pursuant U.S.C.  552(a)(6)(C). 
      COUNT 
(Violation FOIA, U.S.C.  552) 
 
 11. Plaintiff realleges paragraphs through fully stated herein. 
 12. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552.   
 13. Plaintiff being irreparably harmed reason Defendants unlawful withholding requested records, and Plaintiff will continue irreparably harmed unless Defendant compelled conform its conduct the requirements the law. 
 WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant conduct search for any and all records responsive Plaintiffs FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiffs FOIA request and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt records responsive Plaintiffs FOIA request; (4) grant Plaintiff award attorneys fees and other litigation costs reasonably incurred this action pursuant U.S.C.  552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and proper. 
Dated:  November 2013     Respectfully submitted, 
        JUDICIAL WATCH, INC. 
  
        /S/ Paul Orfanedes   
        D.C. Bar No. 429716 
        425 Third Street, S.W., Suite 800 
        Washington, 20024 
        (202) 646-5172 
 
        Attorneys for Plaintiff