Government Moves to Voluntarily Dismisses Appeal in Anti-Inversion Reg Case

CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA;
TEXAS ASSOCIATION OF BUSINESS,
Plaintiffs-Appellees
v.
INTERNAL REVENUE SERVICE; UNITED STATES DEPARTMENT OF TREASURY;
DAVID J. KAUTTER, IN HIS OFFICIAL CAPACITY AS ACTING COMMISSIONER OF
INTERNAL REVENUE; STEVEN T. MNUCHIN, IN HIS OFFICIAL CAPACITY AS
UNITED STATES SECRETARY OF THE TREASURY,
Defendants-Appellants

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

APPELLANTS' UNOPPOSED MOTION TO DISMISS APPEAL VOLUNTARILY

Pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, the defendants/appellants — the Internal Revenue Service, the United States Department of Treasury, David J. Kautter, in his official capacity as Acting Commissioner of Internal Revenue, and Steven T. Mnuchin, in his official capacity as United States Secretary of the Treasury — move that (1) their appeal in the above-entitled case be dismissed with prejudice as moot, each party to bear its own appellate costs, including appellate attorneys' fees, with respect to the appeal; (2) an order dismissing the appeal be entered by the Clerk of this Court; (3) notification of such order be transmitted to the Clerk of the United States District Court for the Western District of Texas; and (4) copies be transmitted to each of the parties. Counsel for the Chamber of Commerce of the United States and the Texas Association of Business, the plaintiffs/appellees, have been given an advance copy of this motion, and they do not object to the granting thereof.

WHEREFORE, it is respectfully requested that the appeal be dismissed.

Respectfully submitted,

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

TRAVIS A. GREAVES
Deputy Assistant Attorney General

GILBERT S. ROTHENBERG (202) 514-3361
TERESA E. MCLAUGHLIN (202) 514-4342
DEBORAH K. SNYDER (202) 305-1680
Attorneys
Tax Division
Department of Justice
Post Office Box 502
Washington, D.C. 20044

Of Counsel:

JOHN F. BASH
United States Attorney

July 26, 2018

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DECLARATION

I, Deborah K. Snyder, of the Department of Justice, Washington, D.C., state as follows:

I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the foregoing is true and correct. Executed on this 26th day of July, 2018, at Washington, D.C.

DEBORAH K. SNYDER
Attorney