Case: 3:12-cv lsa Document #: 42 Filed: 07/29/14 Page 1 of 6

Similar documents
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN. v. Case No.

Appeal No UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY

Case 1:10-cv PLF Document 17 Filed 08/04/11 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

shl Doc 36 Filed 05/15/12 Entered 05/15/12 17:26:47 Main Document Pg 1 of 5

Case 6:15-cv TC Document 144 Filed 04/24/17 Page 1 of 6

stipulated that each of the above parties shall bear its own costs and fees.

WISCONSIN COURT OF APPEALS

In the United States Court of Federal Claims

UNOPPOSED MOTION FOR STAY PENDING SUPREME COURT PROCEEDINGS

Case 1:15-cv RMB Document 35 Filed 05/28/15 Page 1 of 5 U.S. Department of Justice

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. ILSA SARAVIA, et al. Plaintiffs-Appellees,

Case 1:13-cv MMS Document 53 Filed 06/08/15 Page 1 of 15. No C (Judge Sweeney) IN THE UNITED STATES COURT OF FEDERAL CLAIMS

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA SAN DIEGO DIVISION

shl Doc 2333 Filed 06/28/16 Entered 06/28/16 15:51:23 Main Document Pg 1 of 8

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:17-cv APM Document 12-1 Filed 06/08/17 Page 1 of 19 EXHIBIT 1

Case 1:10-cv EGS Document 44 Filed 03/15/12 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

Case 1:16-cv EGS Document 21 Filed 07/05/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 3:17-cv Document 1 Filed 01/28/17 Page 1 of 7 SAN FRANCISCO

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

Case 5:08-cv JW Document 49 Filed 02/05/2009 Page 1 of 13 UNITED STATES DISTRICT COURT SAN JOSE DIVISION

Case5:12-cv HRL Document9 Filed08/09/12 Page1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

SETTLEMENT AGREEMENT

FORM 8-K. CROWN HOLDINGS, INC. (Exact name of registrant as specified in its charter)

PACIFIC LEGAL FOUNDATION. Case 2:13-cv KJM-DAD Document 80 Filed 07/07/15 Page 1 of 3

Case 1:99-cv PLF Document 6223 Filed 10/02/17 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

1900 M Street, NW, Ste. 250, Washington, D.C

Case4:13-cv JSW Document112 Filed05/05/14 Page1 of 3

mew Doc 2483 Filed 02/09/18 Entered 02/09/18 11:14:51 Main Document Pg 1 of 14

In the United States Court of Federal Claims

C. The parties hereto understand and agree that the Closing Date will occur on or about August 11, 2017, or such other mutually agreeable date.

SUPPLEMENTARY INFORMATION:

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN. Civil Action No.: [PROPOSED] CONSENT DECREE. Press Release.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CONSENT DECREE. I. Background

Case4:11-cv YGR Document22 Filed02/16/12 Page1 of 5

Case 1:11-cv NMG Document 53 Filed 09/17/12 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO: 5:07-CV-231

PlainSite. Legal Document

Division of Legal Services and Compliance Case No. 14 CHI 029. The parties to this action for the purpose of Wis. Stat. 227.

Case 1:14-cv MMS Document 28 Filed 04/30/18 Page 1 of 11 IN THE UNITED STATES COURT OF FEDERAL CLAIMS. Case No C

Case: Document: 484 Page: 1 08/06/

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. Plaintiff, v. CASE NO.: 8:17-cv JSM-AEP

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN

Case 3:12-cv WWE Document 44 Filed 07/31/13 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

Case 1:10-cv JEB Document 13 Filed 08/03/11 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:18-cv ABJ Document 18 Filed 02/06/18 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

shl Doc 144 Filed 02/17/17 Entered 02/17/17 15:22:08 Main Document Pg 1 of 17

TIME: 6:00 P.M. I RESOLUTION ACTION

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 3 CIVIL RULES

v. Civil Action No. 1:13-cv-861

IN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO ENTRY

PROOF OF CLAIM AND RELEASE

EEOC and Maria Torres v. The Restaurant Company dba Perkins

IN THE COMMONWEALTH COURT OF PENNSYLVANIA : : : : : : : : : : : : PLAINTIFFS APPLICATION TO FILE AMENDED ANSWER TO APPLICATION TO DISMISS FOR MOOTNESS

Electronic Case Filing Rules & Instructions

Case 2:14-cv JCC Document 98 Filed 11/24/15 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

3:18-cv JMC Date Filed 07/03/18 Entry Number 8 Page 1 of 6

Case 8:91-ap KRM Doc 458 Filed 09/09/15 Page 1 of 21 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 3:12-cv SI Document 140 Filed 11/10/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Case 2:16-cv NDF Document 29 Filed 03/23/17 Page 1 of 9

COURT Case 2 : 04-cv RC Document 264 Filed 11/08 /20 NOV ^ [CENL-7'^AL

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:08-cv PAC

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

SDNY.\ien'f .TRO~AU.Y'" UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Case 3:13-cv SV Document13 FUec101/22/14 Pagel of 7

No STIPULATION AND SETTLEMENT AGREEMENT. COMES NOW, Plaintiff, Ann s Choice, Inc. by its attorneys referenced below, and BACKGROUND

US v Matagorda County Decree UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Case 4:12-cv A Document 41 Filed 01/03/13 IN THE UNITED STATES DISTRI NORTHERN DISTRICT OF T FORT WORTH DIVISION ORDER

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN GREEN BAY DIVISION ) ) ) ) ) ) ) ) ) ) )

Case 4:17-cv ALM Document 86 Filed 08/14/17 Page 1 of 20 PageID #: 1928

Case Case 1:10-cv AKH Document Document Filed 03/16/15 03/13/15 Page 11of9

Case 1:96-cv TFH Document 3761 Filed 05/16/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case: LTS Doc#:111 Filed:05/25/17 Entered:05/25/17 13:40:50 Document Page 1 of 6

Case 3:17-cv JAG Document 41 Filed 02/21/18 Page 1 of 8 PageID# 258

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

STATE OF SOUTH CAROLINA COUNTY OF CALHOUN IN THE COURT OF COMMON PLEAS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN

Case 1:14-cv RCL Document 48 Filed 10/06/15 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 2:90-cv KJM-DB Document 5949 Filed 10/12/18 Page 1 of 6 UNITED STATES DISTRICT COURT

Case 1:17-cv LMB-TCB Document 116 Filed 03/06/17 Page 1 of 7 PageID# 1407

of representing AWG, and in support thereof would show the Court as follows:

Case 1:13-cv PKC-JO Document Filed 03/19/17 Page 1 of 9 PageID #: Plaintiffs, STIPULATION OF SETTLEMENT AND ORDER

1900 M Street, NW, Ste. 250, Washington, D.C

UNITED STATES OF AMERICA105 FERC 63, 016 FEDERAL ENERGY REGULATORY COMMISSION

Case 2:16-cv RSL Document 84 Filed 03/23/18 Page 1 of 7

Case 1:04-cv RWR Document 27-2 Filed 01/14/2005 Page 1 of 11

Freedom of Information Act/ Privacy Act Explained Compiled by Prisoners of the Drug War and The November Coalition

Case 1:06-cv JR Document 25 Filed 02/01/2008 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:10-cv ESH -TBG -HHK Document 51 Filed 10/08/10 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Pensacola Division. Case No.: 3:10-cv-91-RV/EMT

Case 2:10-cv TSZ Document 138 Filed 10/01/13 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON

Transcription:

Case: 3:12-cv-00818-lsa Document #: 42 Filed: 07/29/14 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN FREEDOM FROM RELIGION FOUNDATION, INC., Plaintiff, JOHN KOSKINEN, Acting Commissioner Of The Internal Revenue Service, Defendant. HOLY CROSS ANGLICAN CHURCH and FATHER PATRICK MALONE, Defendant-Intervenors CaseNo. 12 CV 0818 PLAINTIFF S MEMORANDUM IN SUPPORT OF MOTION TO DISMISS The Plaintiff, Freedom From Religion Foundation, Inc., supports the motion to voluntarily dismiss the above captioned matter without prejudice. Voluntary dismissal is appropriate based upon the Government s apparent intent at this time to enforce the electioneering restrictions of 501(c)(3) of the Internal Revenue Code. The I.R.S., however, is still assessing its over-all policies and procedures related to enforcement of the electioneering restrictions, as to all tax-exempt entities, in light of on-going Congressional hearings. In light of this process, effective relief by the Court in the above-captioned matter would be inextricably bound up in that global process, thereby creating possible complications of overlapping jurisdiction. FFRF commenced this action because the I.R.S. was evidently not enforcing the electioneering restrictions against churches and religious organizations. In particular, the I.R.S. 1

Case: 3:12-cv-00818-lsa Document #: 42 Filed: 07/29/14 Page 2 of 6 had no procedure in place to initiate churches examinations, at least after the District Court of Minnesota invalidated the prior procedure. After that district court decision in 2009, church groups began politicking from the pulpit openly and notoriously, including annual organized politicking on what has come to be known as Pulpit Freedom Sunday. In the meantime, an I.R.S. official publicly reported in 2012 an on-going moratorium on church tax examinations, in spite of flagrant and public electioneering by churches and religious organizations. The I.R.S. has recently, in the context of this litigation, tried to assure FFRF that procedures are now in place for enforcement of the electioneering restrictions of 501(c)(3), including a procedure to initiate investigations/examinations of churches for possible violations. FFRF only first received any information from the I.R.S. indicating current practices and policies on June 16, 2014. That is the earliest date that FFRF received any information purporting to reflect I.R.S. policy and practice of enforcing the electioneering restrictions against churches and religious organizations. FFRF s counsel subsequently discussed the I.R.S. s current policy and practices with Department of Justice counsel, and as a result, FFRF is satisfied that the I.R.S. does not have a current policy of non-enforcement against churches. Information received from D.O.J. counsel on June 27, 2014, further indicated that the I.R.S. has a procedure in place for signature authority to initiate church tax investigations/examinations. Information relating to procedures for processing alleged violations of the political intervention prohibition of 501(c)(3) was also provided on June 27, 2014. (See Exhibit A.) Based on available information, FFRF and its counsel are satisfied that the I.R.S. no longer has an explicit policy or practice of not enforcing the the electioneering restrictions of 501(c)(3) against churches. For that reason, FFRF is agreeable to a voluntary dismissal of the pending action. 2

Case: 3:12-cv-00818-lsa Document #: 42 Filed: 07/29/14 Page 3 of 6 FFRF remains wary of the I.R.S. s actual enforcement practices going forward, but such reservations can be addressed in the future, if necessary. Wariness exists, in part, because the I.R.S. is believed to have globally suspended enforcement of the electioneering restrictions as to all tax-exempt organizations. The global moratorium is not specific to churches, but arises from concern regarding the I.R.S. s enforcement practices in general. The issues relating to I.R.S. enforcement policies have recently been the subject of extensive Congressional investigation, which has apparently prompted the I.R.S. to suspend all examinations of alleged violators of the restrictions of 501(c)(3). Because of the I.R.S. s on-going global assessment of its enforcement policies and practices, any specific relief by the Court in this matter would create inherent complications with the Congressional investigation underway. The enforcement hiatus, nonetheless, gives pause for concern, particularly as to any permanent policy of non-enforce, but this cannot be determined at the present time. Dismissal without prejudice accordingly is warranted. Dismissal without prejudice also is appropriate in order to avoid uncertainty as to the effect of dismissal. Counsel for the Intervenors have advised FFRF s counsel that they would construe dismissal with prejudice as making them winners on their affirmative defenses challenging the constitutionality and enforceability of the electioneering restrictions of 501(c)(3). FFRF disagrees that any dismissal would have the effect of a favorable adjudication on the Intervenors affirmative defenses challenging the validity of the 501(c)(3) restrictions. Issues relating to the Intervenors interpretation of voluntary dismissal can be avoided, in any event, however, by dismissing without prejudice, as requested. Finally, because of FFRF s concerns relating to the Intervenors interpretation of a dismissal with prejudice, FFRF does condition its stipulation to voluntary dismissal as stated in 3

Case: 3:12-cv-00818-lsa Document #: 42 Filed: 07/29/14 Page 4 of 6 the pending motion, i.e., that dismissal be without prejudice. Dated this 29th day of July, 2014. By: BOARDMAN & CLARK LLP /s/ Richard L. Bolton Richard L. Bolton, Wisconsin State Bar No. 1012552 rbolton@boardmanclark.com Boardman and Clark, LLP 1 S. Pinckney St., Ste 410 Madison, Wisconsin 53703-4256 Telephone: 608-257-9521 Facsimile: 608-283-1709 Notice of Electronic Filing and Service I hereby certify that on July 29, 2014, this document was filed electronically in accordance with the ECF procedures of the United States District Court, Western District of Wisconsin, under Rule 5(d)(1), Federal Rules of Civil Procedure. All parties who are represented and have consented to service of electronically filed documents are served upon receipt of the NEF from the electronic filing system. To the best of my knowledge, there are no parties in this case that require service by means other than electronic service using the Court s NEF. The original document on file with the filing party contains valid original signatures. F:\DOCS\WD\263 I 8\25\AI 949957DOCX 4

Case: 3:12-cv-00818-lsa Document #: 42 Filed: 07/29/14 Page 5 of 6 U.S. Department of Justice Tax Division Trial Attorney: Richard G. Rose Attorney s Direct Line: (202) 616-2032 Facsimile No.: (202) 514-6770 richardg.rose@usdoj.gov TWA :RSC :RGRose DJ 5-86-3005 CMN 2013100360 VIA ELECTRONIC MAIL Richard L. Bolton BOARDMAN & CLARK LLP 1 South Pinckney St. Suite 410 P.O.Box927 Madison, WI 5370 1-0927 rbolton@boardmanclark.com Please reply to: June 27, 2014 Civil Trial Section, Central Region P.O. Box 7238 Ben Franklin Station Washington, D.C. 20044 Re: Freedom From Religion Foundation, Inc. v. Koskinen, et al., No. 12-CV-818 (W.D. Wis.) Dear Mr. Bolton: Attached please find a letter from Mary A. Epps, Acting Director, EO Examinations, to the U.S. Department of Justice. We are providing this letter to you in response to the questions you raised during our discussions earlier this week regarding the possibility of an agreed resolution of the above-referenced matter. Sincerely, s/ Richard G. Rose RICHARD G. ROSE EXHIBIT

Case: 3:12-cv-00818-lsa Document #: 42 Filed: 07/29/14 Page 6 of 6 DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE WASHINGTON, D.C. 20224 TAX EXEMPT AND GOVERNMENT ENTITIES DIVISION The Honorable Tamara W. Ashford Acting Assistant Attorney General Tax Division Department of Justice 950 Pennsylvania Avenue, N.W. Room 4333 Washington, DC 20530 June 27, 2014 Attention: Re: Civil Trial Section Trial Attorneys Richard G. Rose and Richard A. Schwartz Freedom from Religion Foundation, Inc. v. John Koskinen, Commissioner of the Internal Revenue Service, Civil Action No. 12-CV-818, U.S. District Court for the Western District of Wisconsin Your Ref: 5-86-3005, CMN 2013100360 In response to your request for information in the above referenced case, I points: advise on two 1, Subsequent to the publication of proposed regulations on section 7611 of the Internal Revenue Code on August 5, 2009, the IRS has processed several cases involving churches using procedures designed to ensure that the protections afforded to churches by the Church Audit Procedures Act are adhered to in all enforcement interaction between the IRS and churches. The procedures require the reasonable belief determination under section 7611(a) to be made by the Commissioner, TEGE, either directly or as concurrence to the determination made by the Director, Exempt Organizations. 2. Our written procedures for our Dual Track process for information items (a.k.a. referrals) alleging violation of the political intervention prohibition of section 501(c)(3) require evaluation of the information item by our Review of Operations ( ROD ) unit and then the Political Activities Referral Committee ( PARC ). With regard to these referrals that concern violations by churches, the PARC has determined that as of June 23, 2014, 99 churches merit a high priority examination. Of these 99 churches, the number of churches alleged to have violated the prohibition during 2010 is 15, during 2011 is 18, during 2012 is 65, and during 2013 is one. MA YA.EP Acting Director, EQ Examinations