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MEGIBOW v. CLERK OF U.S. TAX COURT

Docket No. 04-6204 CV.

432 F.3d 387 (2005)

Alec J. MEGIBOW, Plaintiff-Appellant, v. CLERK OF THE UNITED STATES TAX COURT, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 21, 2005.

Attorney(s) appearing for the Case

Anthony M. Bentley, New York, N.Y., for Plaintiff-Appellant.

Peter M. Skinner, Assistant United States Attorney for David N. Kelley, United States Attorney for the Southern District of New York (Ramon E. Reyes, Jr., Assistant United States Attorney, on the brief), New York, N.Y., for Defendant-Appellee.

Before: CALABRESI, KATZMANN, and HALL, Circuit Judges.

PER CURIAM.

This appeal presents the issue of whether the United States Tax Court ("Tax Court"), established by the Tax Reform Act of 1969, 26 U.S.C. § 7441,1 is subject to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 — or whether it qualifies as a court of the United States, and is therefore expressly outside the ambit of FOIA. See 5 U.S.C. § 551(1)(B) (excluding from FOIA "the courts of the United...

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