Jeffrey and Virginia M. Hambarian - Page 12




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          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 its              






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