In the ongoing saga of Sabina Loving, et al, vs. the IRS, the IRS has filed a motion to suspend injunction pending appeal.webmaster
In the ongoing saga of Sabina Loving, et al, vs. the IRS, the IRS has filed a motion to suspend injunction pending appeal.
The IRS states:
“The Defendants, pursuant to Fed. R. Civ. P. 62(c), move the Court to suspend the injunction entered on January 18, 2013, pending resolution of the appeal they intend to file within 30 days. As grounds for this request, the Defendants submit that:
- they have a reasonable likelihood of prevailing on appeal;
- they will suffer irreparable harm if the injunction is not suspended;
- the Plaintiffs will not be harmed by the request; and
- suspending the injunction will serve the public interest.
In the alternative, the Defendants move the Court to suspend the injunction for at least 14 days to allow them to seek relief from the Court of Appeals.”
Of note is the declaration of Carol Campbell, the Director of the Return Preparer Office, who succinctly detailed the harm the IRS and many partners would endure if motion to suspend is not granted.