Mertes

Mertes v. Internal Revenue Service

Good Law
United States District Court, Eastern District of CaliforniaJanuary 25, 20211:19-cv-01218California4,523 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 BILLIE MERTES, CASE NO. 1:19-CV-1218 AWI SKO

Plaintiff

ORDER REGARDING MOOTNESS

v. FOLLOWING DISCLOSURE OF

DOCUMENT

INTERNAL REVENUE SERVICE,

Defendant (Doc. Nos. 35, 36)

11 12 This is s Freedom of Information Act (“FOIA”) case brought by Plaintiff Billie Mertes against Defendant the Internal Revenue Service (“IRS”). Mertes seeks production of an allegedly fraudulent IRS Form 709 gift tax form (hereinafter “the Form 709”). On August 31, 2020, the Court issued an order of clarification. As part of that order, the Court required the parties to brief the effect on this case of the IRS producing a redacted version of the Form 709. That briefing has now been received. As part of the briefing, the parties acknowledge that the IRS has produced an unredacted copy of the Form 709. However, the parties dispute whether this case is now moot. Plaintiff’s Position Mertes argues that the Form 709 is missing pages. …

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