Joseph Alan Piole - Page 25




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               SEC. 7461.  PUBLICITY OF PROCEEDINGS.                                  
                    (a)  General Rule.--Except as provided in subsection              
               (b), all  reports of the Tax Court and all evidence received           
               by the Tax Court and its divisions, including a transcript             
               of the stenographic report of the hearings, shall be public            
               records open to the inspection of the public.                          
                    (b)  Exceptions.--                                                
                         (1) Trade secrets or other confidential                      
                    information.--The Tax Court may make any provision                
                    which is necessary to prevent the disclosure of trade             
                    secrets or other confidential information, including a            
                    provision that any document or information be placed              
                    under seal to be opened only as directed by the court.            
          Rule 103 provides that upon motion by a party or other                      
          affected person, and upon good cause shown, the Court may make              
          any order which justice requires to protect a party or other                
          person from annoyance, embarrassment, oppression, or undue burden           
          or expense.                                                                 
          Sections 7458 and 7461 reflect the well-established                         
          principle that official proceedings and records of all courts,              
          including the Tax Court, generally shall be open and available to           
          the public.  See Nixon v. Warner Communications, Inc., 435 U.S.             
          589, 597 (1978); Willie Nelson Music Co. v. Commissioner, 85 T.C.           
          914, 917 (1985).  However, section 7461 and Rule 103 provide that           
          the Court has the discretionary authority to order all or part of           
          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                 







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Last modified: May 25, 2011