- 12 - trial. See Rule 91, Tax Court Rules of Practice and Procedure; Branerton Corp. v. Commissioner, 61 T.C. 691 (1974). To the extent that the subject documents are the predicate for the factual development of this case, this Court has always encouraged that such potential evidence be exchanged. The factual basis for the prosecution of petitioner and the merits of this income tax case involve, to a substantial extent, the same transactions and events. It is highly likely that the selection of the relevant documents by the prosecuting and defense attorneys resulted in the selection of documents that are germane and relevant to the merits of the controversy before this Court. We are far from persuaded, in the circumstances of this case, that 100,000 pages of materials selected by petitioner’s defense attorney reveal his mental impressions. In addition, we are concerned that a finding of protected work product with respect to the selection of 100,000 pages of otherwise discoverable materials would permit an excessively pervasive use of the work product doctrine. Such use could easily evolve into abuse accomplished by the mere selection of documents from a larger universe. Petitioner has only generally alleged that the defense attorney’s mental impressions would be compromised. Petitioner has not described with any specificity the reason why the selection would reveal the mental impressions of the defense attorney. This showing could have been made in camera, if itsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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