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Key Takeaways

• A federal magistrate judge stayed discovery while the IRS prepares an anticipated motion seeking dismissal of Amanda Reynolds’ lawsuit over whether her dog can qualify as a tax dependent.
• The court found the government made a strong preliminary showing on standing, service, statutory and constitutional grounds, while emphasizing it had not yet decided the motion to dismiss.
• Judge James M. Wicks also found discovery could become substantial and costly, while Reynolds faced little prejudice because the case was at an early stage and she consented to the stay.

By Samuel López | USA Herald

In December, a federal judge placed discovery on hold, but did not dismiss the unusual lawsuit asking whether a household dog should receive recognition as a dependent under the federal tax code, finding that the Internal Revenue Service has made a substantial preliminary showing that the lawsuit may ultimately be dismissed.

In Reynolds v. United States of America (Internal Revenue Service), Case No. 2:25-cv-03447, Amanda Reynolds sued individually and on behalf of her golden retriever, Finnegan Mary Reynolds (who is expressly listed as a plaintiff in the action), in the U.S. District Court for the Eastern District of New York.

Amanda S. Reynolds is a licensed attorney. The federal court itself identifies her as “Amanda S. Reynolds, Esq.” and lists her as the attorney for the plaintiffs, proceeding pro se.

The lawsuit asks the federal court to consider what Reynolds characterizes as a novel question — whether domestic companion animals should be capable of receiving limited recognition as tax dependents when their owners provide essentially all of their financial support. Reynolds alleges she has provided Finnegan with food, shelter, veterinary care, training, daycare and boarding since 2016.

But before the case could move into discovery, Magistrate Judge James M. Wicks granted a renewed motion to stay discovery on December 8, 2025.

The ruling is significant because the court did considerably more than simply acknowledge that a dismissal motion was coming. In evaluating whether discovery should proceed, Wicks examined the government's proposed grounds for dismissal and concluded the IRS had made a strong enough showing to justify temporarily freezing discovery.

Why the Court Granted the Stay

Federal Rule of Civil Procedure 26(c) permits a court to stay discovery for good cause, but the filing or anticipated filing of a motion to dismiss does not automatically stop discovery.

Wicks applied the factors routinely considered by courts in the Second Circuit — the apparent strength of the proposed dispositive motion, the scope and burden of discovery, and the potential prejudice to the party opposing the stay.

All three factors favored a stay.

First, Wicks found that the IRS had made a substantial preliminary showing that Reynolds' claims faced serious legal obstacles. The order described the claims as “unmeritorious on their face and are unlikely to survive the anticipated motion to dismiss.”

That language is unusually strong, but it is important to distinguish the December ruling from an actual dismissal order. Wicks expressly included a footnote cautioning that his evaluation was conducted only to decide whether discovery should be stayed and was not intended to prejudge the ultimate motion to dismiss.

Standing Presents an Immediate Problem

The government's first argument concerns Article III standing.

Reynolds seeks declaratory and injunctive relief, but the court noted that the complaint apparently did not allege that Reynolds had actually attempted to claim Finnegan as a dependent and been denied a tax benefit.

The IRS therefore argued that Reynolds had not identified a concrete injury sufficient to establish an actual federal controversy. Wicks observed that federal courts cannot adjudicate merely hypothetical disputes and wrote that the complaint appeared to lack a real controversy for the court to decide.

There was another jurisdictional obstacle. Reynolds asks the court, among other things, to declare that dogs may qualify as nonhuman dependents, prohibit the IRS from categorically excluding them and require the agency to establish criteria for recognizing companion animals.

The order found that those requests face potential barriers under the federal Anti-Injunction Act and Declaratory Judgment Act, statutes that sharply restrict federal lawsuits seeking to restrain tax assessment or obtain declaratory relief concerning federal taxes.

The Court Also Identified Problems With Service

The government additionally argued that Reynolds had not properly served the United States.

When a federal agency is sued, Rule 4(i) generally requires service not merely upon the agency but also upon the appropriate U.S. Attorney and the U.S. Attorney General.

After reviewing the docket, Wicks found that Reynolds appeared not to have satisfied those requirements. The government's pre-motion submission also alleged that some of the attempted service contained incomplete documents.

Improper service can potentially be corrected, however, meaning that this particular issue is procedurally different from the more fundamental statutory and constitutional arguments confronting the lawsuit.

Constitutional Claims Face Substantial Obstacles

Reynolds asserted an Equal Protection claim under the Fourteenth Amendment. The problem, according to the court, is that the Fourteenth Amendment generally restricts state action, while the IRS is a federal agency.

Wicks cited precedent explaining that constitutional claims against federal governmental conduct ordinarily arise through the Fifth Amendment rather than the Fourteenth Amendment.

Reynolds also alleges that the denial of tax-dependent treatment effectively imposes additional household support expenses and constitutes a taking under the Fifth Amendment.

The court found no supporting authority for treating ordinary taxation under these circumstances as an unconstitutional taking. The government further argued that requiring tax dependents to be human beings is rationally related to preventing fraud and abuse within the federal tax system and that simply paying taxes does not constitute a taking of private property requiring compensation.

Section 152 Remains the Central Statutory Problem

The largest substantive obstacle may be the text of the Internal Revenue Code itself.

Section 152 defines a dependent as either a “qualifying child” or a “qualifying relative.” Wicks also pointed to earlier Tax Court decisions rejecting attempts to treat dogs and cats as dependents.

Those cases include Schoen v. Commissioner, where the Tax Court held that a dog could not qualify through the familial or household categories then contained in Section 152, and Davidson v. Commissioner, which rejected treating dogs or cats as dependents for head-of-household purposes.

Wicks ultimately concluded that the anticipated dismissal motion stood a high likelihood of success, remarking that although “every dog has its day, today is not the day.”

Discovery Could Be Expensive for a Case That May Be Dismissed

The second stay factor also favored the government.

Without a stay, the parties could be required to exchange documents, undertake fact discovery and conduct depositions. Wicks reasoned that imposing those costs before resolving threshold questions of jurisdiction, service and legal sufficiency could waste both party and judicial resources — particularly because the IRS intends to seek dismissal of the complaint in its entirety.

That consideration becomes especially important when a case largely turns on questions of law rather than disputed facts. If Section 152 and the jurisdictional statutes foreclose Reynolds' requested relief as a matter of law, extensive factual discovery about pet ownership and financial support would not change the outcome.

Reynolds Consented to the Stay

The third factor was prejudice.

The court found little to none.

No initial conference had occurred, no discovery schedule had been entered, and discovery had not begun. More importantly, the renewed application was a joint request: Reynolds consented to staying discovery while the dismissal issue is resolved.

The procedural history also reflects an interruption caused by the lapse in federal appropriations. An initial conference had been scheduled for October 8, 2025, but was adjourned. After federal funding was restored, the court asked the parties whether they wanted to renew the stay request or proceed with discovery. They jointly elected to renew it through ECF No. 17.

What the December 8 Order Actually Does

The December 8 Memorandum and Order does not dismiss Reynolds' lawsuit and does not constitute a final determination that Finnegan can never obtain the relief requested.

Instead, it freezes discovery while the anticipated dispositive motion is resolved.

Wicks ordered that if the motion to dismiss is ultimately denied and any claims survive, the parties must meet and confer and submit proposed discovery deadlines within five days of that ruling.

That distinction matters. The court has already signaled substantial skepticism toward Reynolds' theories, particularly on standing, tax-law jurisdiction, the constitutional claims and Section 152. But the December order remains a procedural ruling governing discovery rather than a final judgment on the complaint.

The most important language for understanding the posture of the case is therefore not simply that discovery was stayed, but why: the court found a strong likelihood of dismissal, potentially burdensome discovery, minimal prejudice from waiting, and Reynolds' own consent to the stay.