- 2 - P sought to discover R’s criminal reference letter. Generally, criminal reference letters contain detailed recommendations by R’s attorneys that a taxpayer be prosecuted for criminal tax violations. R refused to turn over the letter, claiming the work product privilege applied. P contends that the privilege does not apply to this civil proceeding. If we decide it does apply, P argues that we should apply a balancing test and decide that his substantial need overcomes the need for assertion of the privilege. Held: The work product privilege applies to the criminal reference letter, and P has not shown substantial need that would vitiate R’s claim of work product privilege. Held, further, P did not constructively receive income before specific amounts were made available to him. Held, further, the imposition of a tax liability on P’s espionage income and/or the imposition of an accuracy-related penalty does not constitute punishment within the meaning of the Double Jeopardy Clause. Aldrich H. Ames, pro se. Richard F. Stein and John C. McDougal, for respondent. GERBER, Judge: Respondent determined deficiencies in petitioner’s Federal income tax and section 6662(a)1 penalties as follows: Penalty Year Deficiency Sec. 6662(a) 1989 $214,303.51 $42,860.70 1990 19,970.77 3,994.15 1991 27,367.39 5,473.48 1992 58,684.57 11,736.91 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years under consideration, and all Rule references are to this Court’s Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011