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MARTIN v. I.R.S.

No. 88-1493.

857 F.2d 722 (1988)

Robert J. MARTIN and Miriam D. Martin, Plaintiffs-Appellees, v. INTERNAL REVENUE SERVICE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 22, 1988.

Attorney(s) appearing for the Case

William A. Whitledge, Atty., Tax Div. (Gary R. Allen and Jonathan S. Cohen, Attys., Tax Div., and William S. Rose, Jr., Asst. Atty. Gen., with him on the brief), Dept. of Justice, Washington, D.C., for defendant-appellant.

David C. Alexander, III and Janet Napolitano of Lewis and Roca, Phoenix, Ariz. (John Robson of Fabian and Clendenin, Salt Lake City, Utah, with them on the brief), for plaintiffs-appellees.

Before LOGAN, SEYMOUR, and BRORBY, Circuit Judges.

SEYMOUR, Circuit Judge.

Robert J. Martin filed suit under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1982), to compel the Internal Revenue Service (IRS) to disclose to him tax protests filed by three other individuals. The protests concerned proposed adjustments to those individuals' tax returns based on proposed adjustments to the returns of certain pass-through corporate and partnership entities in which Martin and the other individuals had interests...

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