- 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.Page: Previous 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Next
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