Saba Partnership, Brunswick Corporation, Tax Matters Partnership - Page 123




                                       - 89 -                                         
         memorandum were privileged and directing petitioner to produce               
         the document with appropriate redactions.  Petitioner complied               
         with the Court's order.                                                      
              In its reply brief, petitioner states that "Exhibit 408-J               
         [the Zelisko memorandum] is protected by attorney-client                     
         privilege and the work-product doctrine.  Petitioners renew their            
         claim of attorney-client privilege and application of the work-              
         product doctrine with respect to Exhibit 408-J."                             
              A.  Attorney-Client Privilege                                           
              Our rules provide for discovery of information that is not              
         privileged but relevant to the subject matter involved in the                
         pending case.  See Rule 70(b).  The party opposing discovery                 
         bears the burden of establishing that the information sought is              
         privileged.  See Zaentz v. Commissioner, 73 T.C. 469, 475 (1979);            
         Branerton Corp. v. Commissioner, 64 T.C. 191, 193 (1975).                    
              Section 7453 provides that the Court is bound by the rules              
         of evidence applicable in trials without a jury in the U.S.                  
         District Court for the District of Columbia.  See Rule 143(a).               
         The Court of Appeals for the District of Columbia "adheres to the            
         axiom that the attorney-client privilege must be 'strictly                   
         confined within the narrowest possible limits consistent with the            
         logic of its principle.'"  Linde Thomson Langworthy Kohn & Van               
         Dyke v. Resolution Trust Corp., 5 F.3d 1508, 1514 (D.C. Cir.                 








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