Breaking News: Court of Appeals Denies IRS Motion for Stay Pending Appeal

Posted on March 29, 2013 · Posted in Breaking News

While the legal volleying continues in Loving et. al. v. Internal Revenue Service yet another disappointing blow befell the IRS today. The Court of Appeals issued an order denying the IRS’s February 25 motion for stay pending appeal asserting that the IRS did not satisfied the stringent requirements for this kind of stay…. The Court’s decision considered the motion as well as the plaintiff’s March 8 formal response and the defendant’s March 14 reply to the plaintiff’s opposition.

What the Court of Appeals action means is the District Court’s rulings will be in effect during the appeals process. Meanwhile the IRS (represented by the Department of Justice) is likely preparing its formal appeal that the Court of Appeals will evaluate to determine whether the case is worthy of hearing.

Meanwhile on February 20 the IRS made its intentions official by filing an intent to appeal. Stay tuned to find out what happens at the appellate level…