Freedom Path, Inc. v. Internal Revenue Serv.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
LESLIE H. SOUTHWICK, Circuit Judge:
The plaintiff claimed that an Internal Revenue Service test for determining certain tax liabilities is facially unconstitutional. The district court held it is not. We conclude that the plaintiff does not have standing to bring this facial challenge. Therefore, we VACATE the district court's final judgment for lack of jurisdiction.
FACTUAL AND PROCEDURAL BACKGROUND
On March 7, 2011, Freedom Path applied for Section 501(c)(4) status under the Internal Revenue Code, claiming it was in the category of "organizations not organized for profit but operated…
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