NATIONAL ORGANIZATION FOR MARRIAGE, INC. v. U.S.

No. 14-2363.

807 F.3d 592 (2015)

The NATIONAL ORGANIZATION FOR MARRIAGE, INC., Plaintiff-Appellant, v. The UNITED STATES of America, Internal Revenue Service, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 2, 2015.


Attorney(s) appearing for the Case

ARGUED: William Earl Davis , Public Interest Legal Foundation, Plainfield, Indiana, for Appellant. Ivan C. Dale , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Kaylan L. Phillips , Noel H. Johnson , Joseph A. Vanderhulst , Actright Legal Foundation, Plainfield, Indiana; John C. Eastman , Center for Constitutional Jurisprudence, Orange, California; Jason Torchinsky , Shawn Toomey Sheehy , Holtzman Vogel Josefiak, PLLC, Warrenton, Virginia, for Appellant. Caroline D. Ciraolo , Acting Assistant Attorney General, Richard Farber , Tax Division, United States Department of Justice, Washington, D.C.; Dana J. Boente , United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge GREGORY and Judge AGEE joined.


The National Organization for Marriage ("NOM") appeals the district court's denial of its motion under 26 U.S.C. § 7431(c)(3) to collect attorneys' fees from the Internal Revenue Service. NOM contends that the district court abused its discretion by determining that NOM was not a "prevailing party" under 26 U.S.C. §...

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