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TAX ANALYSTS v. I.R.S.

Nos. 96-5152, 96-5241.

117 F.3d 607 (1997)

TAX ANALYSTS, Appellee. v. INTERNAL REVENUE SERVICE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Jonathan S. Cohen, Attorney, U.S. Department of Justice, argued the cause, for appellant. With him on the briefs were Loretta C. Argrett, Assistant Attorney General, Murray S. Horwitz, Attorney, and Eric H. Holder, Jr., U.S. Attorney, Washington, DC.

William A. Dobrovir, Warrenton, VA, argued the cause and filed the brief, for appellee.

Before: RANDOLPH and ROGERS, Circuit Judges, and BUCKLEY, Senior Circuit Judge.

RANDOLPH, Circuit Judge:

Tax Analysts, a nonprofit District of Columbia corporation, brought an action under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, to compel the Internal Revenue Service to disclose certain documents known as "Field Service Advice Memoranda." The district court issued an order requiring disclosure after redaction. The IRS appeals on the grounds that the court misconstrued FOIA § 552(a)(2)(B), and that the records were protected...

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