Work product protection from discovery upheld for document that analyzed outcome of anticipated litigation

Article Abstract:

The US 2d Circuit Court of Appeals found for the taxpayer and denied the IRS's discovery request of documents prepared before IRS litigation was commenced and which analyzed potential business transaction structures which would avoid IRS challenges. The court in United States v. Adlman found that the relevant documents were work product prepared in anticipation of litigation under Federal Rule of Civil Procedure 26(b)(3).

Legal services, Attorneys, Offices of Lawyers, Financial Personnel, Analysis, Lawyers, Trial practice, Financial occupations, Work product privilege (Law)

---

Extension of privilege to accountants clouded, inter alia, by exclusion of advice relating to corporate tax shelters

Article Abstract:

A limited confidentiality privilege has been extended to communications between tax consultants and clients. This privilege does not apply to communications about possible corporate tax shelters. The IRS should define "tax shelter" more concisely so tax clients can know which communications are privileged.

Tax consultants, Accountants, Confidential communications, Tax shelters

---

Contingent payments amounting to 25 percent of total payments for trademarks found to be "substantial" and therefore deductible under section 1253

Article Abstract:

The author discusses the US Tax Court memo on Nabisco Brands v. Commissioner regarding the deductibility of payments for trademarks.

Taxation, Tax deductions, Trademarks

Similar abstracts:

• Abstracts: A new idea in software protection; a 'Manifesto' calls for a unique law that's neither copyright nor patent. Congress considers sweeping revisions in copyright law
• Abstracts: Four of this, four of that. Remember your code of ethics
• Abstracts: Taxpayers' appraisers in a tax court slump. Dissecting the discount for lack of marketability. The outer limits of minority discounts
• Abstracts: Information from abroad: who bears the burden in an antitrust investigation? Foreign competition and U.S. merger analysis
• Abstracts: Reinsurance of declaratory judgment action expenses in environmental coverage actions: arguments and case law

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.