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November 20, 2006
Tax Analysts Sues IRS over Freedom of Information Act, Seeks “Monthly Performance Reports”
Washington, DC – Tax Analysts and one of its reporters sued the IRS today, asking a federal court to force the agency to comply with the Freedom of Information Act (FOIA) and provide “monthly performance reports” that the IRS commissioner has been producing since January 1, 2005.

The reports contain monthly updates on the agency's tax law enforcement efforts. Disclosing the reports would help the public evaluate IRS Commissioner Mark Everson's claim that enforcement has improved significantly during his tenure at the IRS, Tax Analysts believes.

Filed in U.S. District Court for the District of Columbia, the complaint (available at comes 15 months after Tax Analysts reporter Allen Kenney first sought the reports, and after the IRS repeatedly delayed its response to the request before officially denying it last month.

Tax Analysts argues that, in not responding until October 18, 2006, and not deciding the plaintiffs’ subsequent appeal within 20 business days, the IRS violated FOIA. Among other things, FOIA requires that agencies comply within 20 days of a legitimate request, and permits only one 10-day delay in responding.

Tax Analysts, the nonprofit publisher of Tax Notes and other tax publications, seeks to shed light on how the IRS administers the nation’s tax laws. Since its founding in 1970, Tax Analysts has sought a variety of materials from the IRS, often prying them loose only after taking the agency to court.

As part of its public education mission, Tax Analysts seeks transparency in tax laws and more dialogue between taxing authorities and taxpayers. Through these and other efforts, Tax Analysts seeks to ensure that tax laws are applied fairly and equally to taxpayers across the country.

About Tax Analysts

Tax Analysts is an influential provider of tax news and analysis for the global community. Over 150,000 tax professionals in law and accounting firms, corporations, and government agencies rely on Tax Analysts' federal, state, and international content daily. Key products include Tax Notes, Tax Notes Today, State Tax Notes, State Tax Today, Tax Notes International, and Worldwide Tax Daily. Founded in 1970 as a nonprofit organization, Tax Analysts has the industry's largest tax-dedicated correspondent staff, with more than 250 domestic and international correspondents. For more information, visit our home page.