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Hysell v. IRS, No. 12-0426 (RWR), 2013 WL 782609 (D.D.C. Mar. 4, 2013) (Roberts, J.)

Re: Records pertaining to plaintiff Disposition: Denying defendant's motion to dismiss in part and for summary judgment
  • Adequacy of Search: The court finds that "the IRS' supporting declarations do not establish compliance with the agency's obligations under the FOIA…[and] 'leave [] substantial doubt as to the sufficiency of the search.'" The declarations are "replete with acronyms and sorely lacking in clarity as to the agency's interpretation of and responsiveness to the FOIA requests. Furthermore, the declarations fail to put forth a cogent explanation of the IRS's recordkeeping systems or practices, leaving the Court to divine the agency's rationale for searching particular systems of records, using particular command codes, or appearing to ignore certain of the items listed in plaintiff's FOIA request."
Court Decision Topic(s)
Litigation Considerations, Adequacy of Search
District Court opinions
Updated August 6, 2014