Aldrich H. Ames - Page 8




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          sentences to run concurrently.  In addition, the plea agreement             
          provided for the criminal forfeiture of whatever interest                   
          petitioner had in espionage-related assets.  At the time of                 
          trial, petitioner was serving a life sentence in a Federal                  
          penitentiary.                                                               
                                       OPINION                                        
          I.  Work Product Doctrine--Criminal Reference Letter                        
               We first consider petitioner’s motion to compel production             
          of respondent’s criminal reference letter (CRL).  CRL’s typically           
          contain a detailed recommendation and supporting legal analysis,            
          from the Commissioner to the U.S. Department of Justice, that a             
          taxpayer be prosecuted for various criminal tax violations.  See            
          Brown v. Commissioner, T.C. Memo. 1994-282.                                 
               Tax Court Rules provide for discovery of information that is           
          not privileged but is relevant to the subject matter involved in            
          the pending case.  See Rule 70(b).  A party opposing discovery              
          bears the burden of establishing that the information sought is             
          privileged.  See Zaentz v. Commissioner, 73 T.C. 469, 475 (1979).           
               Respondent contends that the CRL was prepared in                       
          anticipation of litigation and, thus, is protected under the work           
          product doctrine.  We agree.  The CRL contains respondent’s                 
          counsel’s legal analysis that petitioner be criminally prosecuted           
          for various tax violations.  This type of correspondence is a               
          classic example of attorney work product.  See, e.g., Brown v.              





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