Mertes v. IRS, No. 19-1218, 2020 U.S. Dist. LEXIS 159476 (E.D. Cal. Aug. 31, 2020) (Ishii, J.)

Mertes v. IRS, No. 19-1218, 2020 U.S. Dist. LEXIS 159476 (E.D. Cal. Aug. 31, 2020) (Ishii, J.)

Re:  Request for copy of United States Gift (and Generation-Skipping Transfer) Tax Form concerning plaintiff

Disposition:  Granting defendant's motion for clarification

• Litigation Considerations:  The court orders that "[t]he parties will be required to explain their positions regarding the redacted [form] and whether production of that document has effectively mooted Plaintiff's FOIA claim."  Additionally, following a previous court order in which "the Court required the IRS to publicly identify which particular sub-exception of § 552(b)(7) applied (since there are 6 subcategories within § 552(b)(7))," the court clarifies that "the IRS is to publicly file on the docket a supplement that identifies the specific sub-category of § 552(b)(7) that was asserted in the in camera submissions."