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TAX ANALYSTS v. I.R.S.

No. 06-5136.

495 F.3d 676 (2007)

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

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2007.

Attorney(s) appearing for the Case

Francesca U. Tamami, Attorney, United States Department of Justice, argued the cause for the appellant. Jeffrey A. Taylor, United States Attorney, and Jonathan S. Cohen, Attorney, were on brief. Michael J. Martineau, Attorney, entered an appearance.

Cornish F. Hitchcock argued the cause for the appellee. William A. Dobrovir was on brief.

Before HENDERSON, ROGERS and KAVANAUGH, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Tax Analysts brought this action to compel the Internal Revenue Service (IRS) to disclose, inter alia, e-mails containing legal advice that lawyers in the IRS Office of the Chief Counsel (OCC) sent to IRS field personnel. The district court granted summary judgment to Tax Analysts on the ground that the documents sought constitute "Chief Counsel advice" ...

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