Page 1
Case 1:06-cv-01983-ESH Document 14 Filed 08/14/2007 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TAX ANALYSTS and ALLEN KENNEY, Plaintiffs, v.
INTERNAL REVENUE SERVICE
Defendant.
No. 1:06-CV-1983(ESH) STIPULATION OF DISMISSAL Pursuant to Fed.R.Civ.P. 41(a)(1)(ii), plaintiffs, Tax Analysts and Allen Kenney, and defendant Internal Revenue Service, by and through their undersigned counsel, stipulate and agree to the following:
1.
Defendant Internal Revenue Service (“IRS”) has released to plaintiff Tax Analysts the monthly performance reviews that the parties have treated as the subject of Tax Analysts’ complaint, with certain redactions that Tax Analysts does not challenge.
IRS similarly will release before October 15, 2007, all monthly performance reviews for FY 2007.
2.
IRS has released to Tax Analysts, as made public in accord with 26 U.S.C. § 6110, a private letter ruling that is referred to in some of the monthly performance reviews. 3.
Tax Analyst submitted a § 6110 request on July 23, 2007 for background file documents for the private letter ruling referred to in paragraph 2.
The Service will process the request without charge in accordance with 26 U.S.C. § 6110 and the rules and regulations thereunder.
The Service will use its best 2666839.3
Page 2
Case 1:06-cv-01983-ESH Document 14 Filed 08/14/2007 Page 2 of 2 efforts to expedite that processing consistent with the rules and regulations governing § 6110 and will report the status of that processing to Tax Analysts’ undersigned counsel approximately every 30 days from the date this stipulation is filed. 4.
Based on the foregoing representations, this action will be dismissed, each party to bear its own costs and attorney’s fees.
Dated: August 13, 2007 /s/ William A. Dobrovir WILLIAM A. DOBROVIR D.C. Bar No. 030148 P.O. Box 198 Sperryville, VA 22740-0198
(540) 987-9114 /s/ David M. Katinsky DAVID M. KATINSKY D.C. Bar No.
Trial Attorney, Special Litigation Tax Division U.S. Department of Justice P.O. Box 227 Ben Franklin Station Washington, D.C. 20044 Counsel for Defendant IRS CORNISH F. HITCHCOCK D.C. Bar No. 238824 Suite 350 5301 Wisconsin Avenue, N.W.
Washington, D.C. 20015
(202) 364-1050 Attorneys for Plaintiffs -2- 2666839.3