KING v. I. R. S.

No. 81-3041.

684 F.2d 517 (1982)

Sharon L. KING, Plaintiff-Appellee, v. INTERNAL REVENUE SERVICE and Jerome Kurtz, Commissioner, Internal Revenue Service, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 28, 1982.

Rehearing Denied September 13, 1982.


Attorney(s) appearing for the Case

Stephen J. Gray, U. S. Dept. of Justice, Tax Div., Washington, D. C., for defendants-appellants.

Richard M. Lipton, Isham, Lincoln & Beale, Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, BAUER, Circuit Judge, and GRANT, Senior District Judge.


BAUER, Circuit Judge.

This appeal presents a question of first impression in this circuit: whether an Internal Revenue Service (IRS) document labeled "draft technical memorandum" is exempted from disclosure under the Freedom of Information Act, 5 U.S.C. § 552. The district court held that the document was not exempted from disclosure and ordered the IRS to disclose it to plaintiff-appellee Sharon L. King. We reverse.

I

King requested the district...

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