MEMORANDUM OPINION
RICHARD J. LEON, District Judge.
Before the Court is the defendant's motion to dismiss plaintiff Scott Whittington's amended complaint alleging misconduct by the Internal Revenue Service ("IRS"). Plaintiff seeks damages pursuant to the Taxpayer Bill of Rights ("TBOR"), 26 U.S.C. § 7433, and injunctive relief under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701 et seq., in connection
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