Life Extension Foundation, Inc. v. Internal Revenue Service

915 F. Supp. 2d 174, 2013 WL 171086, 111 A.F.T.R.2d (RIA) 570, 2013 U.S. Dist. LEXIS 6666
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 16, 2013
DocketCivil Case No. 12-280 (RJL)
StatusPublished
Cited by18 cases

This text of 915 F. Supp. 2d 174 (Life Extension Foundation, Inc. v. Internal Revenue Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Life Extension Foundation, Inc. v. Internal Revenue Service, 915 F. Supp. 2d 174, 2013 WL 171086, 111 A.F.T.R.2d (RIA) 570, 2013 U.S. Dist. LEXIS 6666 (D.C. Cir. 2013).

Opinion

MEMORANDUM OPINION

RICHARD J. LEON, District Judge.

Plaintiff Life Extension Foundation (“Foundation” or “plaintiff’) brings this [178]*178action against the Internal Revenue Service (“the IRS” or “defendant”) for failure to disclose information pursuant to the Freedom of Information Act (“FOIA”). Plaintiff seeks certain documents from an examination file composed by the IRS’s Tax Exempt and Government Entities Examination Division pursuant to a recent audit of the plaintiff. Before the Court are the parties’ cross-motions for summary judgment. Upon consideration of the parties’ pleadings, relevant law, and the entire record herein, the defendant’s motion is GRANTED and the plaintiffs cross-motion is DENIED.

BACKGROUND

Plaintiff is a public charitable organization, recognized under 26 U.S.C. § 501(c)(3), that supports and furthers scientific research. Compl. ¶ 4, ECF No. 1. On July 21, 2011, plaintiff submitted a FOIA request to the IRS for “the examination file with regard to the recent examination conducted by agents from the Tax Exempt and Government Entities Examination Division in Independence, MO for taxable years 2006, 2007, and 2008.” Id. ¶ 7. In its request, the Foundation specifically excluded “copies of documents submitted by the [plaintiff]” and “documents previously provided by the IRS agent to the [plaintiff]” from its FOIA inquiry. Id., Ex. 1 at 1.

After multiple requests for an extension of the response date, the IRS responded to the Foundation’s FOIA request on November 10, 2011. Id. ¶¶ 8, 11-13. In its letter, the IRS stated that although it had identified 329 pages that were responsive to the Foundation’s FOIA request, it was only providing the charitable organization with 232 of those pages, and withholding 8 pages in part and 97 pages in full under FOIA exemptions 5 U.S.C. § 552(b)(3) (“Exemption 3”), 5 U.S.C. § 552(b)(5) (“Exemption 5”) and 5 U.S.C. § 552(b)(7)(D) (“Exemption 7D”). Id. ¶ 14. On December 8, 2011, plaintiff formally appealed the IRS’s decision to the office of IRS Appeals. Id. ¶ 16. When the Foundation’s appeal was denied on January 20, 2012, the IRS asserted additional FOIA exemptions under Exemption 3, in conjunction with 26 U.S.C. § 6103(b)(2) and 5 U.S.C. § 552(b)(7)(E) (“Exemption 7E”), to withhold the requested documents. Id. ¶ 17.

One month later, on February 17, 2012, plaintiff filed a complaint in this Court, seeking an order to compel disclosure of the requested 97 pages of withheld records in their entireties, as well as an order to conduct another search for additional responsive records. See generally id. Although the IRS filed a partial motion to dismiss on April 27, 2012, the parties entered into a Consent Order resolving that motion on May 25, 2012. See Def.’s Partial Mot. to Dismiss, ECF No. 5; Consent Order, ECF No. 8. In that Order, the plaintiffs requests for an IRS search for additional responsive records and for “expeditious proceedings” were dismissed without prejudice. Id. at 1.

On July 16, 2012, the IRS moved for summary judgment, contending that it properly withheld the records at issue under exemptions to FOIA. See Def.’s Mot. for Summ. J. (“Def.’s Mot.”) at 1, ECF No. 11. The IRS supported its motion with two affidavits, one from an IRS Disclosure Specialist responsible for FOIA requests and the other from an attorney in the IRS’s Office of Chief Counsel. See Deck of Stephen Danish (“Danish Deck”), ECF No. 11-4; Deck of Carlton W. King (“King Deck”), ECF No. 11-3. The IRS also submitted additional declarations, in camera, in support of its Motion for Summary Judgment. See Def.’s Notice of In Camera Submission (“Def.’s In Camera [179]*179Sub.”), ECF No. 12. On August 16, 2012, plaintiff also moved for summary judgment, asserting that the IRS is not entitled to summary judgment because it has not provided sufficient information about the withheld documents to carry its burden under FOIA. Pl.’s Mem. in Opp’n to Def.’s Mot. for Summ. J. and in Supp. of Pl.’s Cross-Mot. for Summ. J. and In Camera Review of Withheld Documents (“PL’s Mem.”) at 1, ECF No. 13-1. For the reasons set forth below, I disagree and GRANT summary judgment in favor of the defendant.

ANALYSIS

I. Summary Judgment in a FOIA Case

Both parties have moved for summary judgment. FOIA cases, of course, are “typically and appropriately” decided on motions for summary judgment. Defenders of Wildlife v. U.S. Border Patrol, 623 F.Supp.2d 83, 87 (D.D.C.2009). Indeed, “[w]hen assessing a motion for summary judgment under FOIA, the Court shall determine the matter de novo.” Judicial Watch, Inc. v. U.S. Dep’t of Homeland Sec., 598 F.Supp.2d 93, 95 (D.D.C.2009) (citing 5 U.S.C. § 552(a)(4)(B)).

Summary judgment is appropriate when the record demonstrates that there is no genuine issue of material fact in dispute and that the moving party is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(a). With respect to an agency’s non-disclosure decisions in a FOIA action, the court may rely on affidavits or declarations if they describe “the justifications for nondisclosure with reasonably specific detail, demonstrate that the information withheld logically falls within the claimed exemption, and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith.” Military Audit Project v. Casey, 656 F.2d 724, 738 (D.C.Cir.1981); see also SafeCard Servs., Inc. v. SEC, 926 F.2d 1197, 1200 (D.C.Cir.1991) (affidavits and declarations are “accorded a presumption of good faith, which cannot be rebutted by purely speculative claims about the existence and discoverability of other documents”) (internal quotation marks and citation omitted).

“Ultimately, an agency’s justification for invoking a FOIA exemption is sufficient if it appears ‘logical’ or ‘plausible.’ ” Larson v. Dep’t of State, 565 F.3d 857, 862 (D.C.Cir.2009) (quoting Wolf v. CIA, 473 F.3d 370, 374-75 (D.C.Cir.2007)). In assessing the logic and plausibility of an agency assertion of an exemption, “reviewing courts [should] respect the expertise of an agency” and avoid “overstep[ping] the proper limits of the judicial role in FOIA review.” Hayden v. NSA 608 F.2d 1381, 1388 (D.C.Cir.1979);

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915 F. Supp. 2d 174, 2013 WL 171086, 111 A.F.T.R.2d (RIA) 570, 2013 U.S. Dist. LEXIS 6666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/life-extension-foundation-inc-v-internal-revenue-service-cadc-2013.