Microsoft Sues IRS For Not Delivering On FOIA Request

Microsoft has sued the IRS in relation to a Freedom of Information Act request. The company wants information related to an IRS investigation into its tax records as it conducts an audit. The audit fo...
Microsoft Sues IRS For Not Delivering On FOIA Request
Written by Chris Crum
  • Microsoft has sued the IRS in relation to a Freedom of Information Act request.

    The company wants information related to an IRS investigation into its tax records as it conducts an audit. The audit focuses on a fee charged between Microsoft’s subsidiaries, or transfer pricing, used between 2004 and 2009.

    Specifically, the company wants details on a contract and proposals related to law firm Quinn Emanuel Urquhart & Sullivan LLP. Microsoft found out that the IRS entered into a contract with it for legal services related to the audit.

    Microsoft filed a Freedom of Information Act request a couple months ago, and the Internal Revenue Service has so far not made good on it, though it requested an extension until December 9, which Microsoft says is a violation of the Administrative Procedure Act.

    Here’s the filing (via Electronista):

    Microsoft versus IRS

    As Reuters points out, the IRS has also looked at Amazon over transfer pricing.

    Microsoft sent us the following statement:

    “Government agencies, funded by citizens, have an obligation of transparency under the Freedom of Information Act. The IRS has failed to meet the deadline to respond to a valid FOIA request, and we’re simply asking a Court to ensure that the IRS meets its obligations.”

    The IRS isn’t commenting.

    The suit (Microsoft Corp vs. Internal Revenue Service, 14-1982) was filed in the U.S. District Court, District of Columbia.

    Image: Microsoft CEO Satya Nadella (via Microsoft)

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