CHURCH OF SCIENTOLOGY INT'L, Plaintiff,

                                       v.

                      INTERNAL REVENUE SERVICE, Defendant.

                            No. CV 91-1025 RSWL (Sx).

                          United States District Court,

                                C.D. California.

                                 Aug. 26, 1993.

  Church made Freedom of Information Act (FOIA) request, seeking access to

 records held by Internal Revenue Service (IRS).  After IRS responded to request

 but withheld 468 pages in full and 76 in part, court ordered IRS to produce

 Vaughn  Index of all withheld records, and parties stipulated that IRS would

 conduct second search.  IRS filed results of that second search and

 accompanying Vaughn  Index, and IRS moved for summary judgment on ground

 that church had received all documents to which it was entitled.  The District

 Court, Lew, J., held that:  (1) all withheld documents were exempted from FOIA

 disclosure, and (2) IRS demonstrated that it reasonably segregated all

 nonexempt information from documents withheld in full.

  Motion granted.



 [1] RECORDS

 To prevail in Freedom of Information Act (FOIA) suit, defendant agency must

 prove, inter alia, that its search satisfied its duty to conduct "reasonable"

 search for responsive records.  5 U.S.C.A. s 552.



 [2] RECORDS

 Where agency withholds records responsive to Freedom of Information Act (FOIA)

 request, agency bears burden of justifying its withholdings;  this burden may

 be sustained by submitting affidavits that provide detailed analysis of

 requested documents and reasons for invoking exemption.  5 U.S.C.A. s

 552(a)(4)(B).



 [3] FEDERAL CIVIL PROCEDURE

 If agency affidavits providing detailed analysis of requested documents and

 reasons for invoking exemption from disclosure under Freedom of Information

 Act (FOIA) are clear, specific, and reasonably detailed, and describe withheld

 information in factual and nonconclusory manner, summary judgment may be

 granted solely on basis of those affidavits.  5 U.S.C.A. s 552(a)(4)(B).



 [4] RECORDS

 Under Freedom of Information Act (FOIA) Exemption 3, which permits agency to

 withhold documents specifically exempted from disclosure by statute, and

 Internal Revenue Service (IRS) code provision mandating that tax return

 information for third parties be held confidential, IRS properly withheld tax

 return information concerning six entities that, according to taxpayer who

 sought that information, submitted tax return information release

 authorizations permitting taxpayer access to those records;  those

 authorizations, which made no specific reference to this particular FOIA

 action, did not satisfy terms of taxpayer's stipulation with IRS, even though

 that stipulation did not expressly require reference to instant action.  5

 U.S.C.A. s 552(b)(3);  26 U.S.C.A. s 6103(a).



 [5] RECORDS

 Under statute that exempts documents from Freedom of Information Act (FOIA)

 disclosure when such disclosure would "seriously impair federal tax

 administration," district court's review of Internal Revenue Service's (IRS)

 determination of impairment is de novo;  court must satisfy itself, on basis of

 detailed and nonconclusory affidavits, that IRS is correct in finding that

 disclosure would impair collection, assessment, or enforcement of tax laws.

 26 U.S.C.A. s 6103(e)(7).



 [6] RECORDS

 Under Freedom of Information Act (FOIA) Exemption 3, which permits agency to

 withhold documents that are specifically exempted from disclosure by statute,

 evidence supported Internal Revenue Service's (IRS) withholding of several

 documents as exempt under statute that exempts documents when their disclosure

 would "seriously impair federal tax administration";  IRS offered four

 affidavits in support of withholding documents, and each of those declarants

 provided detailed and nonconclusory statements in support of their findings

 that release of documents would impair federal tax administration.  5

 U.S.C.A. s 552(b)(3);  26 U.S.C.A. s 6103(e)(7).



 [7] RECORDS

 For purposes of Freedom of Information Act (FOIA) Exemption 7(A), which allows

 for nondisclosure of records or information compiled for law enforcement

 purposes where disclosure could reasonably be expected to interfere with

 enforcement proceedings, documentation of work done by Internal Revenue

 Service (IRS) in preparation for investigation of church (which sought

 disclosure of records) and related entities under Church Audit Procedures Act

 (CAPA) constituted "investigatory records compiled for law enforcement

 purposes."  5 U.S.C.A. s 552(b)(7)(A);  26 U.S.C.A. s 7611.

 See publication Words and Phrases for other judicial constructions and

 definitions.



 [8] RECORDS

 Internal Revenue Service (IRS) met its burden to prove withheld documents were

 exempt from disclosure under Freedom of Information Act (FOIA) as documents

 compiled during ongoing Church Audit Procedures Act (CAPA) investigation of

 plaintiff church (which sought disclosure of those documents), and during IRS'

 determination of tax exempt status of organizations related to church;  Vaughn

 Indices and supporting affidavits established required nexus between withheld

 documents and IRS' inquiry, and that requested production would interfere with

 that process.  5 U.S.C.A. s 552(b)(7)(A);  26 U.S.C.A. s 7611.



 [9] RECORDS

 In evaluating claim under Freedom of Information Act (FOIA) Exemption 7(C),

 which allows for nondisclosure of documents compiled for law enforcement

 purposes where disclosure could reasonably be expected to constitute

 unwarranted invasion of personal privacy, court must balance privacy interests

 at stake against public interest in disclosure;  government agency bears burden

 of establishing privacy interest, and balance tilts in favor of disclosure.

 5 U.S.C.A. s 552(b)(7)(C).



 [9] RECORDS

 In evaluating claim under Freedom of Information Act (FOIA) Exemption 7(C),

 which allows for nondisclosure of documents compiled for law enforcement

 purposes where disclosure could reasonably be expected to constitute

 unwarranted invasion of personal privacy, court must balance privacy interests

 at stake against public interest in disclosure;  government agency bears burden

 of establishing privacy interest, and balance tilts in favor of disclosure.

 5 U.S.C.A. s 552(b)(7)(C).



 [10] RECORDS

 Internal Revenue Service (IRS) properly withheld documents pursuant to Freedom

 of Information Act (FOIA) Exemption 7(C), which allows for nondisclosure of

 documents compiled for law enforcement purposes where nondisclosure could

 reasonably be expected to constitute unwarranted invasion of personal property,

 despite plaintiff's claim that it had knowledge of identities of personnel that

 IRS sought to protect;  those individuals did not lose their privacy interest

 merely because their identities may be discovered through other means, and IRS

 disclosure litigation attorney testified that IRS did not assert Exemption 7(C)

 where document on its face suggested that plaintiff was aware of employee in

 context of referenced activity.  5 U.S.C.A. s 552(b)(7)(C).



 [11] RECORDS

 Fact that individual's identity may be discovered through other means does not

 mean that individual loses his privacy interest under Freedom of Information

 Act (FOIA) Exemption 7(C), which allows for nondisclosure of documents

 compiled for law enforcement purposes where disclosure could reasonably be

 expected to constitute unwarranted invasion of personal privacy.  5

 U.S.C.A. s 552(b)(7)(C).



 [12] RECORDS

 Internal Revenue Service (IRS) established that disclosure of requested

 documents could reasonably be expected to reveal identities of confidential

 information sources and, thus, IRS properly withheld documents from disclosure

 under Freedom of Information Act (FOIA);  IRS affidavit stated that withheld

 pages were obtained from third party, that information was received during IRS'

 investigation of possible harassment of IRS employees, that IRS employees

 involved in procurement of information indicated that disclosure of source's

 identity could put someone in jeopardy, and that release of information would

 identify cooperating foreign law enforcement agencies.  5 U.S.C.A. s

 552(b)(7)(D).



 [13] RECORDS

 Internal Revenue Service (IRS) properly withheld from disclosure to church

 under Freedom of Information Act (FOIA) two pages of IRS Law Enforcement

 Manual (LEM) concerning procedures for handling applications for tax exemption

 and examination of church entities, and agency memorandum discussing

 application of LEM techniques and procedures;  these documents were compiled

 for purposes of ongoing examination of church.  5 U.S.C.A. s 552(b)(2),

 (b)(7)(E).



 [14] RECORDS

 Freedom of Information Act (FOIA) Exemption 5, which allows nondisclosure of

 interagency or intra-agency memoranda or letters that would not be available by

 law to party other than agency in litigation with agency, includes those

 documents normally privileged in civil discovery context.  5 U.S.C.A. s

 552(b)(5).



 [15] RECORDS

 Freedom of Information Act (FOIA) Exemption 5, which allows nondisclosure of

 interagency or intra-agency memoranda or letters that would not be available by

 law to party other than agency in litigation with agency, encompasses

 governmental deliberative privilege, attorney-client privilege, and attorney

 work-product doctrine.  5 U.S.C.A. s 552(b)(5).



 [16] RECORDS

 Government met its burden of showing that requested documents contained

 material that fell within governmental deliberative privilege, and that

 documents were thus exempted from disclosure under Freedom of Information Act

 (FOIA);  Internal Revenue Service's (IRS) employee's declaration established

 that withheld documents were generated in five specified courses of action, and

 that only predecisional deliberative material was withheld, and, whenever

 possible, IRS identified related final decision in Vaughn Indices.  5

 U.S.C.A. s 552(b)(5).



 [17] RECORDS

 In reviewing claim that record falls within governmental deliberative

 privilege, and is thus exempt from disclosure under Freedom of Information Act

 (FOIA), courts in Ninth Circuit focus on function of document as part of

 deliberative process, rather than on contents of document.  5 U.S.C.A. s

 552(b)(5).



 [18] RECORDS

 Internal Revenue Service (IRS) presented sufficient evidence to justify its

 withholding records, based on attorney-client privilege and work product

 doctrine, from disclosure under Freedom of Information Act (FOIA);  IRS' Vaughn

 Indices and IRS' employee's declaration established that documents were

 attorney work product generated in preparation for litigation between

 plaintiff (who sought disclosure) and IRS in four specified matters.  5

 U.S.C.A. s 552(b)(5).



 [19] RECORDS

 For purposes of Freedom of Information Act (FOIA) Exemption 6, which permits

 agency to withhold information in personnel and medical files and similar

 files, disclosure of which would constitute clearly unwarranted invasion of

 personal privacy, all information that applies to particular individual meets

 threshold requirement of protection, regardless of class of file;  court must

 then determine whether release of information would constitute clearly

 unwarranted invasion of that person's privacy.  5 U.S.C.A. s 552(b)(6).



 [20] RECORDS

 Internal Revenue Service (IRS) had legal justification for withholding from

 disclosure under Freedom of Information Act (FOIA) information including

 employee handwriting and other identifying information of third parties and IRS

 employees;  Vaughn Indices and IRS' employee's declaration established that

 release of information contained therein would constitute invasion of personal

 privacy of referenced individuals, and that information included references to

 third parties' involvement in possible criminal conspiracy, third-party

 correspondence critical of plaintiff who sought disclosure, and personnel

 matters including performance evaluations and information about employees'

 personal lives.  5 U.S.C.A. s 552(b)(6).



 [21] RECORDS

 Internal Revenue Service (IRS) demonstrated that it reasonably segregated all

 information that was not exempt from disclosure under Freedom of Information

 Act (FOIA) from documents withheld in full;  IRS' Vaughn Indices and supporting

 declarations provided detailed descriptions of contents of withheld documents

 and specific pages affected by each exemption claim, and plaintiff did not

 challenge withholding of any specified document in full.  5 U.S.C.A. s

 552(b).



 [22] RECORDS

 Under Freedom of Information Act (FOIA), government agency bears burden to

 demonstrate that nonexempt portions of documents are not "reasonably

 segregable."  5 U.S.C.A. s 552(b).



 [23] RECORDS

 For purposes of Freedom of Information Act (FOIA) section providing that any

 reasonable segregable portion of record shall be provided to any person

 requesting such record after deletion of portions that are exempt, question of

 segregability is completely dependent on content of documents themselves.  5

 U.S.C.A. s 552(b).



 [24] RECORDS

 District courts need not and should not make in camera inspections of requested

 documents where government has sustained its burden of proof on claimed

 exemption under Freedom of Information Act (FOIA).

  *717 Kendrick L. Moxon, Bowles & Moxon, Hollywood, CA, for plaintiff.

  Terree A. Bowers, U.S. Atty., Mason Lewis, Asst. U.S. Atty., Chief, Tax Div.,

 Los Angeles, CA, Carol C. Priest, Trial Atty., Tax Div., U.S. Dept. of Justice,

 Washington, DC, for defendant.

                                      ORDER



  LEW, District Judge.

  The Internal Revenue Service, Defendant in the above-captioned action,

 has filed a motion for summary judgment.  Plaintiff Church of Scientology

 International has opposed the motion.  The matter was set for hearing on the

 Court's law and motion calendar, but was removed for disposition on the

 submitted papers pursuant to Federal Rule of Civil Procedure 78.

  Now, having carefully considered all the papers filed in support of and in

 opposition to the motion, the Court hereby issues the following order:

  Defendant's motion for summary judgment is GRANTED.

                                  I. BACKGROUND

  On September 16, 1990, Plaintiff Church of Scientology International ("CSI")

 made a Freedom of Information Act request, pursuant to 5 U.S.C. s 552,

 seeking access to records held by the Defendant Internal Revenue Service

 ("IRS").  In its initial search, the IRS found 692 documents responsive to

 Plaintiff's request and released 224 pages in full and 76 pages in part.  The

 IRS withheld 468 pages in full.

  On November 14, 1991, this Court ordered the IRS to produce a Vaughn Index of

 all withheld records describing the records and providing statutory

 justification for each *718 withholding.  The IRS filed its first Vaughn

 Index on January 15, 1992.  The IRS later determined that the initial searches

 were too restrictive.  Thereafter, the parties stipulated that the IRS would

 conduct a second search using additional search terms and extending the

 temporal scope of the search.  This stipulation was entered as a Court Order

 dated February 13, 1992.  On April 8, 1992, the Court denied the IRS's motion

 for relief from the stipulation.

  The IRS filed a partial Vaughn Index on March 13, 1992, and requested relief

 from the stipulation which this Court denied.  On July 27, 1992, this Court

 held the IRS in contempt of the February 13, 1992, Order, imposed sanctions,

 and ordered the IRS to comply with the terms of the stipulation by producing

 the Vaughn Index and non-exempt documents.

  On September 14, 1992, the IRS filed the results of its second search and the

 accompanying Vaughn Index.  An additional 11,988 pages were found to be

 responsive to the Plaintiff's request.  While the IRS released several boxes of

 documents in full, the Vaughn Indices describe thousands of pages of withheld

 documents.  These results are the subject of the current motion.

  The IRS now moves for summary judgment on the grounds that Plaintiff has

 received all IRS documents which it is entitled to receive under law, and no

 documents have been improperly withheld from Plaintiff by the IRS.  Plaintiff

 asserts that the IRS has failed to support its exemption claims and has

 unjustifiably refused to release "tax return information" of third parties

 which have submitted waivers permitting such release.  Plaintiff requests that

 the Court allow for in camera inspection of certain records and adjudication of

 the remaining individual documents.

                                 II. DISCUSSION

  A. Standard on Summary Judgment

  [1] In order to prevail in a Freedom of Information Act ("FOIA") suit,

 a defendant agency must prove that "each document that falls within the class

 requested either has been produced, is unidentifiable, or is wholly exempt from

 the Act's inspection requirements."  Zemansky v. Environmental Protection

 Agency, 767 F.2d 569, 571 (9th Cir.1985).  The agency must also prove that its

 search satisfied its duty to conduct a "reasonable" search for responsive

 records.  Id.

  [2][3] The adequacy of the IRS search is not at issue here.  Rather, the

 parties dispute the question of whether the IRS has established as a matter of

 law that all withheld documents are exempt from the FOIA inspection

 requirements.  Where responsive records are withheld, the agency bears the

 burden of justifying its withholdings, and the district court must review the

 agency's exemption claims de novo.  5 U.S.C. s 552(a)(4)(B).  The agency's

 burden may be sustained by submitting affidavits which provide a detailed

 analysis of the requested documents and the reasons for invoking the

 exemption.  Johnson v. U.S. Dept. of Justice, 739 F.2d 1514, 1516.  Summary

 judgment may be granted solely on the basis of these agency affidavits if they

 are clear, specific, and reasonably detailed, and describe the withheld

 information in a factual and nonconclusory manner.  DiViaio v. Kelley, 571

 F.2d 538, 543 (10th Cir.1978).

  B. Defendant's "Categorical Approach"

  As a preliminary matter, this Court must address the process of adjudicating

 the more than 12,000 pages of documents at issue in this case.  Plaintiff has

 challenged the IRS's approach as a "categorical adjudication" of withheld

 documents.  Such a volume of documents demands a manageable approach to

 exemption description and justification.  This Court condones the IRS's

 approach which has allowed for efficient arguments of law while providing

 sufficiently detailed information in the Vaughn Indices [FN1] and in the

 supporting factual bases provided by declarations.  The IRS's briefs may

 categorize the documents by legal claims to exemption, but *719 each

 undisclosed document has been catalogued on a page-by-page basis in a

 methodical and exhaustive manner in the twenty-seven volume, 2,683-page Vaughn

 Indices.



      FN1. On January 13, 1992, the IRS filed its original Vaughn Index.  A

     Supplemental Vaughn Index was filed on March 12, 1992.  An additional

     Supplemental Vaughn Index was filed on August 31, 1992.  A revised Vaughn

     Index was filed on September 23, 1992.  All references herein to the

     submitted Vaughn Indices rely on these documents as a whole.



  C. Defendant's Exemption 3 Claims Pursuant to 26 U.S.C. s 6103(a)

  Under 5 U.S.C. s 552(b)(3), an agency may withhold documents where they are

 specifically exempted from disclosure by statute.  Defendant IRS claims

 Exemption 3 in conjunction with 26 U.S.C. s 6103(a), an IRS code provision

 governing tax return information for third-parties.  Section 6103(a)

 mandates that tax return information be held confidential subject to a number

 of strictly construed exemptions.  Church of Scientology v. I.R.S., 484 U.S.

 9, 10, 108 S.Ct. 271, 271, 98 L.Ed.2d 228 (1987).

  Plaintiff does not contest the withholding of tax return information for

 specified third parties.  However, CSI asserts that this exemption would not

 apply to six entities who have submitted tax return information release

 authorizations to the IRS permitting Plaintiff access to such records.

  [4] 1. Third party tax return information release authorizations:  The

 parties dispute whether any tax return information release authorizations have

 been submitted in this case in compliance with the stipulation provision.  The

 IRS argues that no such waivers were filed on or before February 24, 1992, as

 required by the stipulation.  CSI asserts that it submitted waivers to the IRS

 on behalf of six entities by letter dated February 21, 1993 [sic].

  The February 11, 1992, Stipulation and Order at paragraph two states:  "The

 Church, no later than February 24, 1992, will provide the IRS with various

 third party tax return information authorizations.  Upon completion of the new

 search, the IRS will newly process all of the records now in issue and will not

 assert any Exemption 3 tax return information claims pursuant to s 6103(a)

 with respect to the individuals and/or entities for which such authorizations

 have been furnished."  Plaintiff has submitted a copy of a letter dated

 February 21, 1992, from CSI attorney Kendrick L. Moxon to Department of Justice

 attorney, Michael J. Martineau, which represents the enclosure of executed

 third party tax return information release authorizations for the following

 Church entities:  Church of Spiritual Technology, Religious Technology Center,

 Church of Scientology of California, Celebrity Centre International,

 International Hubbard Ecclesiastical League of Pastors and Scientology Missions

 International.  CSI submitted these waivers in a separate case being handled by

 Mr. Martineau, Church of Scientology Int'l v. I.R.S., CV 91-0431 CBM

 (C.D.Cal.).

  This Court finds that the third party tax return information release

 authorizations submitted to Mr. Martineau on February 21, 1992, do not satisfy

 the terms of paragraph two of the stipulation.  This provision does not

 expressly require that the authorizations be submitted to the I.R.S. with

 specific reference to this particular FOIA action.  However, any other

 interpretation would place an unmanageable burden on the I.R.S. and on the

 courts.  There are currently twelve pending FOIA cases that involve requests

 for several tens of thousands of records.  The interpretation urged by

 Plaintiff would extend the scope of these cases to an unprecedented degree.

 [FN2]



      FN2. Plaintiff asserts that this Court found that Plaintiff had submitted

     the authorizations at issue in its ruling on Defendant's Motion for Relief

     from Stipulation.  See Order, April 9, 1992.  The Court rejects this

     characterization of its prior Order.  In a footnote in the April 9 Order,

     the Court recognized the existence of a question of fact regarding whether

     authorizations had been filed in compliance with the stipulation.  Id.

     at 4 n. 2.  The Court merely found Plaintiff's evidence sufficient to

     preclude a finding that the disputed provision was moot.  This Court did

     not decide the issue of whether the submitted authorizations satisfied the

     requirements of the stipulation.



  For these reasons, this Court finds that Plaintiff has failed to present

 evidence that waivers from third parties were received from Plaintiff in this

 case on or before February 24, 1992.  The Government's Vaughn Indices and

 supporting declarations establish that these documents contain confidential

 third party tax information.  This Court finds that the I.R.S. has properly

 withheld these documents pursuant to Exemption 3 in conjunction with

 s 6103(a).

  *720 2. Plaintiff's request for sanctions:  Plaintiff has requested that

 the Court sanction the IRS for refusal to comply with the February 11, 1992,

 Stipulation and Order.  Based on the above-ruling, the IRS's assertion of

 Exemption 3 to withhold these documents does not constitute failure to comply

 with the Court's Order.  Plaintiff's request for sanctions is denied.

  D. Defendant's Exemption 3 Claims Pursuant to 26 U.S.C. s 6103(e)(7)

  [5] The IRS has withheld several documents as exempt under the

 provisions of 26 U.S.C. s 6103(e)(7).  Section 6103(e)(7) exempts

 documents when their disclosure would "seriously impair federal tax

 administration."  The district court's review of an IRS determination of

 impairment is de novo.  Long v. I.R.S., 742 F.2d 1173, 1183 (9th Cir.1984).

 The court must satisfy itself, on the basis of detailed and nonconclusory

 affidavits, that the IRS is correct in finding that disclosure would impair the

 collection, assessment, or enforcement of the tax laws.  Id.

  [6] Defendant IRS offers four affidavits in support of withholding documents

 based on Exemption 3 in conjunction with 26 U.S.C. s 6103(e)(7). [FN3]  Each

 of these declarants provides detailed and nonconclusory statements in support

 of their findings that release of the documents withheld pursuant to

 s 6103(e)(7) would impair federal tax administration.  This Court rejects

 Plaintiff's conclusory statement that the IRS assertions of impairment consist

 only of generalities and opinions.  The Court does not find that the

 declarations contradict the Vaughn Indices.  Furthermore, the Court does not

 find reason to question the integrity of the Defendant's sworn testimony based

 only on the alleged "history of IRS discrimination" against CSI. [FN4]



      FN3. The Court here relies on the second declaration of Thomas J. Miller,

     the first and second declaration of Steven D. Harris, and the declaration

     of Paul Austin.



      FN4. Plaintiff makes no attempt to impeach specific statements in the

     affidavits of the four declarants offered in support of Defendant's motion

     in this particular case.  Plaintiff's generalized attack on "declarations

     of IRS officials" is unpersuasive.



  With regard to the documents withheld pursuant to tax treaty secrecy clauses,

 this Court finds that this is an instance where deference is especially

 appropriate.  See Long, 742 F.2d at 1182 (according special deference to

 agency's detailed affidavits in sensitive areas such as national security

 cases).  Declarant Paul Austin, the Internal Revenue Commissioner's delegate,

 is likely to have unique insights into the concerns regarding the cooperation

 of foreign governments and tax treaty partners.  Based on Mr. Austin's detailed

 affidavit, this Court finds that these documents are properly withheld under

 Exemption 3 in conjunction with s 6103(e)(7).

  In sum, Defendant has presented evidence that documents withheld pursuant to

 Exemption 3 in conjunction with s 6103(e)(7) are totally exempt from

 disclosure.  Plaintiff has not pointed to any specific facts that create a

 triable issue regarding the withholding of these documents.  Therefore,

 Defendant has met its burden to establish that disclosure of these documents

 would seriously impair federal tax administration.

  E. Defendant's Exemption 7(A) Claims

  The IRS has withheld certain documents or portions thereof pursuant to

 Exemption 7(A).  The IRS asserts that these documents are records compiled in

 connection with the investigation of Plaintiff CSI and related entities under

 the Church Audit Procedures Act (CAPA), 26 U.S.C. s 7611, and for

 determinations of the tax exempt status of various Scientology organizations.

  Exemption 7(A) allows for nondisclosure of records or information compiled for

 law enforcement purposes where disclosure could reasonably be expected to

 interfere with enforcement proceedings.  5 U.S.C. s 552(b)(7)(A).  In order

 to sustain its burden of proof under Exemption 7(A), the IRS must establish

 that it is a law enforcement agency, that the withheld documents were

 investigatory records compiled for law enforcement purposes, and that

 disclosure of those documents would interfere with pending *721 enforcement

 proceedings.  Lewis v. I.R.S., 823 F.2d 375, 379 (9th Cir.1987).

  [7] 1. Documents compiled for CAPA investigation:  Plaintiff does not

 dispute that 26 U.S.C. s 7611 proceedings constitute a law enforcement

 proceeding as that term is used in the FOIA, nor does Plaintiff dispute that

 the IRS has the requisite law enforcement mandate.  However, Plaintiff argues

 that the "law enforcement purpose" started on April 28, 1989, when IRS made its

 first document request for the s 7611 examination, and all documents created

 prior to that date would fall outside such purpose.

  This Court rejects Plaintiff's premise.  Documentation of work done by the

 agency in preparation for the s 7611 examination would also constitute

 investigatory records compiled for law enforcement purposes.  See 26

 U.S.C. s 7611 (IRS must have "reasonable belief" that entity is not tax exempt

 before formally beginning church tax inquiry).

  This Court finds that the Vaughn Indices and supporting affidavits establish a

 rational nexus between the IRS s 7611 examination of Plaintiff and related

 third party entities and the documents for which Exemption 7(A) is claimed.

 The affidavits also adequately reveal that release of these documents is likely

 to interfere with the IRS's ability to perform the s 7611 examination.

 Plaintiff points to no specific facts that dispute the Defendant's evidence.

  [8] 2. Documents compiled for determination of tax exempt status:  In light

 of the recent Ninth Circuit ruling in Church of Scientology Int'l v. I.R.S.,

 995 F.2d 916, 919 (9th Cir.1993), that IRS determinations of tax exempt status

 constitute law enforcement purposes under Exemption 7(A).  This Court finds

 that the Vaughn Indices and supporting affidavits provide the required nexus

 between the withheld documents and the agency's inquiry regarding the tax

 exempt status of various Scientology organizations.  The IRS has also

 established that production would interfere with that process.

  In sum, Defendant has met its burden to prove the withheld documents are

 totally exempt under Exemption 7(A) as documents compiled during the on-going

 CAPA investigation of Plaintiff CSI and the agency's determination of the tax

 exempt status of related organizations. [FN5]



      FN5. Plaintiff points to Vaughn index page 2553 as an improper withholding

     because the IRS does not put forth a law enforcement purpose.  However, the

     IRS did not assert Exemption 7(A) to justify withholding pages 12271-

     12275.  Rather, it relied on Exemption 7(C) and Exemption 5.



  F. Defendant's Exemption 7(C) Claims

  The IRS has withheld documents pursuant to provisions of exemption 7(C).  The

 Government has asserted Exemption 7(C) to withhold two types of documents:  (1)

 those containing the names, addresses, or other identifying information of IRS

 contacts or government employees, and (2) those revealing the handwriting of

 IRS personnel or third parties.  The Government asserts that disclosure of IRS

 employees' handwriting and the identities of IRS employees could conceivably

 subject them to harassment and annoyance in their private lives and in the

 performance of their official duties.

  [9][10][11] Exemption 7(C) allows for nondisclosure of documents compiled

 for law enforcement purposes where disclosure could reasonably be expected to

 constitute an unwarranted invasion of personal privacy.  5 U.S.C. s

 552(b)(7)(C).  In evaluating an Exemption 7(C) claim, the Court must balance

 the privacy interests at stake against the public interest in disclosure.  The

 government agency bears the burden of establishing a privacy interest, and the

 balance tilts in favor of disclosure.  Congressional News Syndicate v.

 Department of Justice, 438 F.Supp. 538, 542 (D.C.Cir.1977).

  The parties do not dispute that the withheld documents were compiled for

 law enforcement purposes.  Nor does Plaintiff argue that a countervailing

 public interest outweighs the asserted privacy concern.  Rather, Plaintiff

 challenges the Defendant's showing of a privacy interest on two grounds.

 First, Plaintiff has knowledge of the identities of personnel the IRS seeks to

 protect.  An individual does not lose his privacy interest under 7(C) because

 his identity may be *722 discovered through other means.  See L & C

 Marine Transport, Ltd. v. United States, 740 F.2d 919, 922 (11th

 Cir.1984) (noting that even where names of agency employee witnesses are known

 disclosure would tie witness to particular statements and reveal nature of each

 employee witness' comments).  In addition, Steven D. Harris, an IRS disclosure

 litigation attorney, has testified that the IRS did not assert Exemption 7(C)

 where the document on its face suggested that Plaintiff was aware of the

 employee in the context of the referenced activity.  For these reasons, this

 Court finds that Plaintiff's assertion of prior knowledge cannot rebut the

 Government's showing of a privacy interest under 7(C).

  Second, Plaintiff asserts that the IRS has withheld handwritten information

 that is otherwise non-exempt.  CSI argues that this basis to withhold documents

 is moot because Plaintiff will bear the costs of re-typing any documents

 withheld solely on the basis of handwritten contents.  Plaintiff has not

 pointed to any facts in the record sufficient to establish that the IRS has

 withheld documents solely to prevent disclosure of handwriting where the

 substance of the information is not exempt.  The fact that the IRS has

 willingly re-typed handwritten text in hundreds of documents for release in

 this case allows for the inference that the agency has not withheld non-exempt

 information solely on the basis of its handwritten format.  Finally, this

 Court's review of the Vaughn Indices reveals that most handwriting has been

 withheld through redaction.

  For these reasons, this Court finds that Plaintiff has not raised a triable

 issue regarding the privacy interests asserted by the IRS to establish its

 Exemption 7(C) claims.

  G. Defendant's Exemption 7(D) Claims

  [12] The IRS has withheld documents pursuant to Exemption 7(D).  The

 Government asserts that disclosure of these documents would reveal sources who

 were given implied promises of confidentiality by the IRS.

  Exemption 7(D) allows for nondisclosure of documents compiled for law

 enforcement purposes which could reasonably be expected to reveal the

 identities of confidential sources.  5 U.S.C. s 552(b)(7)(D).  "Where

 implied promises of confidentiality are at issue, the index must state the

 circumstances surrounding the receipt of information which led the [agency] to

 conclude the informant would not have given the information without an implicit

 assurance of confidentiality."  Wiener v. F.B.I., 943 F.2d 972, 986-87 (9th

 Cir.), reh'g denied, 951 F.2d 1073 (9th Cir.1991), and cert. denied, 505

 U.S. 1212, 112 S.Ct. 3013, 120 L.Ed.2d 886 (1992). [FN6]



      FN6. The Supreme Court has recently adopted a test embodying the approach

     taken by the Ninth Circuit in Wiener.  See Department of Justice v.

     Landano, --- U.S. ----, ----, 113 S.Ct. 2014, 2023, 124 L.Ed.2d 84

     (1993) (requiring government agency to establish narrowly defined

     circumstances that allow for inference of implied confidentiality).



  Plaintiff asserts that the IRS has failed to establish an implicit

 assurance of confidentiality.  However, Defendant has submitted a detailed

 affidavit which supports such a finding.  Steven D. Harris has testified to the

 following material facts:  (1) the withheld pages were obtained from a third

 party;  (2) the information was received during the IRS's investigation of

 possible harassment of Service employees;  (3) the IRS employees involved in

 the procurement of the information have indicated that disclosure of the

 source's identity could put someone in jeopardy;  and (4) release of the

 information would identify cooperating foreign law enforcement agencies.

  Plaintiff points to no facts in the record which controvert this evidence.

 For these reasons, the Court finds that the IRS has met its burden to establish

 that disclosure could reasonably be expected to reveal the identities of

 confidential information sources.

  H. Defendant's Exemption 7(E) and Exemption 2 Claims

  [13] The IRS has withheld two pages from the IRS Law Enforcement Manual

 ("LEM") and an internal agency memorandum pursuant to both Exemptions 7(E) and

 Exemption 2.  Exemption 7(E) allows for nondisclosure of records or information

 compiled *723 for law enforcement purposes when production would disclose

 techniques and procedures for law enforcement investigations or prosecutions or

 would disclose guidelines for law enforcement investigations or prosecutions if

 such disclosure could reasonably be expected to risk circumvention of the

 law.  5 U.S.C. s 552(b)(7)(E).

  The Vaughn Indices and the Harris declarations establish that the LEM pages

 withheld concern procedures for handling applications for tax exemption and

 examinations of Scientology entities.  The agency memorandum discusses

 application of the LEM techniques and procedures.  These documents were

 compiled for the purposes of the ongoing examination of CSI for tax years 1981

 through 1987 pursuant to CAPA, 26 U.S.C. s 7611.  Plaintiff has not pointed

 to any facts to controvert Defendant's showing.

  Exemption 2 exempts from disclosure records related solely to the internal

 personnel rules and practices of an agency.  5 U.S.C. s 552(b)(2).  Based on

 the Vaughn Indices and the Harris declaration, these documents contain

 information about internal law enforcement techniques, practices, and

 procedures used by the IRS to coordinate the flow of information regarding

 Scientology.  Plaintiff has not controverted this evidence.  In sum, this Court

 finds as a matter of law that these documents were properly withheld pursuant

 to Exemption 7(E) and Exemption 2.

  I. Defendant's Exemption 5 Claims

  The IRS has withheld documents pursuant to Exemption 5 on two grounds:  (1)

 these documents contain material that falls within the governmental

 deliberative privilege, and (2) these documents contain material that falls

 within the attorney-client privilege.

  [14][15] Exemption 5 allows nondisclosure of inter-agency or intra-agency

 memoranda or letters which would not be available by law to a party other than

 an agency in litigation with the agency.  5 U.S.C. s 552(b)(5).  This

 exemption includes those documents normally privileged in the civil discovery

 context.  N.L.R.B. v. Sears, Roebuck & Co., 421 U.S. 132, 149, 95 S.Ct.

 1504, 1515, 44 L.Ed.2d 29 (1975).  Exemption 5 encompasses the governmental

 deliberative privilege, the attorney-client privilege, and the attorney work

 product doctrine.  Id. at 150-55, 95 S.Ct. at 1516-18.

  [16][17] 1. Deliberative process privilege:  The IRS asserts Exemption

 5 to withhold documents that reflect the agency's deliberative process.  The

 Ninth Circuit test focuses on the function of a document as part of the

 deliberative process rather than on the contents of the document.  National

 Wildlife Fed'n v. United States Forest Service, 861 F.2d 1114, 1118-19 (9th

 Cir.1988).  The deliberative process privilege has been held to cover all

 "recommendations, draft documents, proposals, suggestions, and other subjective

 documents which reflect the personal opinions of the writer rather than the

 policy of the agency," as well as documents which would "inaccurately reflect

 or prematurely disclose the views of the agency."  Id. at 1118.

  Defendant submits the declaration of Steven D. Harris who provides the

 agency's factual bases and justifications for withholding information pursuant

 to Exemption 5.  The Harris declaration establishes that the withheld documents

 were generated in five specified courses of action.  This affidavit also

 establishes that only pre-decisional deliberative material was withheld.

 Whenever possible, the IRS has identified the related final decision in the

 Vaughn Indices.  Based on this evidence in conjunction with the submitted

 Vaughn Indices, this Court finds that the Government has met its burden of

 establishing the existence of a genuine deliberative process.

  Plaintiff has challenged the Government's assertion of the deliberative

 process privilege because the Vaughn Indices describe only vague, general

 decisions in relation to the withheld documents.  However, this Court's review

 of the examples from the Vaughn Indices that Plaintiff specifically disputes

 shows that the IRS's description of the nature and purpose of the withheld

 documents establish that they fall within the deliberative process category

 described in National Wildlife Fed'n, 861 F.2d at 1118.  Therefore, this

 Court finds that Plaintiff has not raised a triable issue regarding the IRS

 withholdings *724 pursuant to the deliberative process privilege.

  [18] 2. Attorney-client privilege and work product doctrine:  The IRS

 asserts Exemption 5 to withhold documents based on attorney-client privilege

 and the work product doctrine.  The Vaughn Indices and the Harris declaration

 establish that these documents concern confidential communications of legal

 advice given by IRS and Department of Justice attorneys to IRS administrative

 personnel.

  Plaintiff has not challenged the agency's assertion of attorney-client

 privilege in these instances.  However, Plaintiff asserts that the IRS has not

 established that documents withheld under the work product doctrine were

 prepared in contemplation of litigation.  Defendant's Vaughn Indices and the

 Harris declaration establish that these documents are attorney work product

 generated in preparation for litigation between Plaintiff and the IRS in four

 specified matters.  The descriptions of the documents at issue provided by the

 index in conjunction with the specified ongoing litigation and enforcement

 matters between the IRS and Plaintiff provide more than a bare assertion of the

 privilege.  See Senate of Puerto Rico v. Department of Justice, 823 F.2d

 574, 586 (D.C.Cir.1987) (rejecting agency's affidavit as bare assertion where

 declaration state only that withheld documents "were prepared by [agency]

 attorneys in anticipation of litigation").  The informality or settlement

 posture of these actions does not raise questions as to the accuracy of the

 IRS's assertion of the work product doctrine.  For these reasons, this Court

 finds that the IRS has submitted uncontroverted evidence of the privileged

 nature of these documents that supports its Exemption 5 claim.

  J. Defendant's Exemption 6 Claims

  The IRS has asserted Exemption 6 as the legal justification for

 withholding information including employee handwriting and other identifying

 information of third parties and IRS employees.  Exemption 6 permits an agency

 to withhold information in "personnel and medical files and similar files

 disclosure of which would constitute a clearly unwarranted invasion of personal

 privacy."  5 U.S.C. s 552(b)(6).  As a threshold matter, the IRS must

 establish that the material is contained in personnel, medical, or similar

 files.  Department of State v. Washington Post Co., 456 U.S. 595, 601-02,

 102 S.Ct. 1957, 1961, 72 L.Ed.2d 358 (1982).  Second, the IRS must show that

 disclosure of the withheld information would violate a viable privacy interest

 of the individual who is the subject of the information.  See Schell v.

 Department of Health & Human Serv., 843 F.2d 933, 937-38 (6th Cir.1988).

  [19] Plaintiff argues that the IRS has not established that the documents at

 issue constitute "personnel, medical, or similar files."  However, the Supreme

 Court has adopted a broad view of Exemption 6.  Washington Post Co., 456

 U.S. at 602, 102 S.Ct. at 1961.  All information that applies to a particular

 individual meets the threshold requirement of Exemption 6 protection regardless

 of the class of file.  Id.  When disclosure of information which applies to

 a particular individual is sought from Government records, courts must

 determine whether release of the information would constitute a clearly

 unwarranted invasion of that person's privacy.  Id.

  [20] The Vaughn Indices and the Harris declaration establish that the

 information withheld meets this standard.  Furthermore, the descriptions

 therein establish that release of these documents would constitute an invasion

 of the personal privacy of the referenced individual.  The information includes

 references to the third parties' involvement in possible criminal conspiracy;

 third-party correspondence critical of Scientology;  personnel matters

 including performance evaluations and information about employees' personal

 lives;  and names, addresses, phone numbers, and other indirect identifiers of

 IRS employees.

  Plaintiff has also challenged the agency's Exemption 6 withholdings on the

 same grounds asserted against the Exemption 7(C) claims.  Plaintiff's mootness

 argument against the IRS's Exemption 6 claims is rejected here for the reasons

 discussed above.

  In sum, the IRS has established that the documents withheld under Exemption 6

 contain *725 information about particular individuals and its release would

 constitute an unwarranted invasion of their personal privacy.  Plaintiff has

 not pointed to any facts that controvert the IRS's showing or raise a triable

 issue regarding the public interest value of these documents.

  K. Segregation of Non-Exempt Information

  [21] Pursuant to the above-discussed exemptions, the IRS has withheld some

 documents in full asserting that the documents cannot be segregated for partial

 release.  Plaintiff argues that the IRS has failed to demonstrate that it has

 reasonably segregated all non-exempt information from the documents withheld in

 full.

  [22] The FOIA provides that "[a]ny reasonably segregable portion of a

 record shall be provided to any person requesting such record after deletion of

 the portions which are exempt under this subsection."  5 U.S.C. s 552(b).

 The IRS bears the burden to demonstrate that the nonexempt portions of the

 documents are not "reasonably segregable."  Williamette Indus., Inc. v.

 United States, 689 F.2d 865, 868 (9th Cir.1982), cert. denied, 460 U.S.

 1052, 103 S.Ct. 1500, 75 L.Ed.2d 931 (1983).  The question of segregability is

 completely dependent on the content of the documents themselves.  Mead Data

 Cent., Inc. v. Department of Air Force, 566 F.2d 242, 260 (D.C.Cir.1977).

  [23] This Court finds that Defendant's Vaughn Indices and supporting

 declarations provide detailed descriptions of the contents of withheld

 documents and the specific pages affected by each exemption claim.  This

 showing may be sufficient to allow the Court to determine the segregability of

 non-exempt information in any particular document.  However, Plaintiff does not

 challenge the withholding of any specified document in full.  As such, it is

 impossible for this Court to evaluate the Defendant's showing of non-

 segregability.  For these reasons, this Court finds that Plaintiff has not

 raised a triable issue of segregability.

  L. Plaintiff's request for in camera inspection:

  [24] Plaintiff has requested in camera review of documents withheld pursuant

 to Exemption 5, Exemption 7(A), and Exemption 3 in conjunction with 26

 U.S.C. s 6103(e)(7).  District courts need not and should not make in camera

 inspections where the government has sustained its burden of proof on the

 claimed exemption.  Lewis v. I.R.S., 823 F.2d 375, 378 (9th Cir.1987).  For

 the reasons discussed above, the IRS has met its burden to prove that the

 withheld documents are totally exempt.  Therefore, this Court has an adequate

 factual basis to make its determination and need not examine the disputed

 documents in order to determine their exempt status.

  IT IS SO ORDERED.