National Freedom of Information Coalition
Protecting Your Right to Open Government

Man wins appeal against IRS for FOIA request attorney’s fees

From Louisiana Record:  A man whose motion for attorney’s fees was denied by a district court has won an appeal at the U.S. Court of Appeals for the Fifth Circuit involving his case against the IRS.

After being audited in November 2006 by the IRS, appellant Mark Batton filed a Freedom of Information Act (FOIA) request with the IRS. Nearly a year later, in September 2007, Batton sued after not receiving any response. Subsequently, the Open Government Act took effect, allowing for awards to be issued for attorney’s fees when parties “substantially prevailed.”