Aldrich H. Ames - Page 3




                                        - 3 -                                         

               The issues for our consideration are:  (1) Whether                     
          petitioner constructively received income from illegal espionage            
          activities during 1985, when it was allegedly promised and/or set           
          aside for him, or when it was received and/or deposited in his              
          bank accounts during the taxable years 1989, 1990, 1991, and 1992           
          in the amounts of $745,000, $65,000, $91,000,2 and $187,000,                
          respectively; (2) whether petitioner is liable for the accuracy-            
          related penalty for taxable years 1989 through 1992; (3) whether            
          petitioner is constitutionally protected by the Double Jeopardy             
          Clause of the Fifth Amendment to the U.S. Constitution from the             
          assessment and/or collection of any tax or civil penalties                  
          arising from espionage activity for which he was convicted and              
          incarcerated; (4) whether the work product doctrine may be                  
          interposed by respondent in this case to prevent the turnover of            
          respondent’s counsel’s criminal reference letter; and (5) if the            
          work product privilege applies, whether petitioner has shown                
          substantial need so as to vitiate respondent’s assertion of the             
          privilege.                                                                  






               2 Although there was a discrepancy in the notice of                    
          deficiency over the amount of income that petitioner allegedly              
          failed to report in 1991, respondent used $91,000 for purposes of           
          calculating the amount of the deficiency.  Therefore, we will use           
          that number for purposes of this opinion.                                   




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