Jerry and Patricia A. Dixon, et al - Page 235




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            a record to be sealed where such action is necessary to protect                                
            trade secrets and confidential information or to avoid annoyance,                              
            embarrassment, oppression, or undue burden or expense.  See                                    
            Willie Nelson Music Co. v. Commissioner, supra at 918-919, and                                 
            cases cited thereat.                                                                           
            In resolving whether a permanent protective order sealing a                                    
            portion of the evidentiary record is warranted in these cases, we                              
            must weigh the public's interest in free and open access to Tax                                
            Court proceedings against the individual interests advanced in                                 
            these cases.  See Nixon v. Warner Communications, Inc., supra at                               
            602.  The public's interest in open judicial proceedings is                                    
            presumed to be paramount to the interests of an individual                                     
            seeking to close the proceedings in that open proceedings allow                                
            the public an opportunity to understand the underlying dispute                                 
            and its disposition, thereby enhancing public confidence in our                                
            system of taxation.  See Willie Nelson Music Co. v. Commissioner,                              
            supra at 919.                                                                                  
            The Court is of the view that its protective orders sealing                                    
            the documents described above have served their purpose and that                               
            the public's interest in open proceedings outweighs any                                        
            continuing individual interests at stake in these cases.                                       
            Mr. Huestis has not persuaded us otherwise.  We note that there                                
            is no indication that Mr. Kersting has initiated litigation                                    
            against the Thompsons, nor any imminent threat of any such                                     
            litigation.  We do not believe that unsealing the documents in                                 
            question would increase the likelihood of any such threat.                                     

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