- 12 - 1992); see also United States v. Zolin, 491 U.S. 554, 562 (1989); United States v. Mass. Inst. of Tech., 129 F.3d 681, 684 (1st Cir. 1997); United States v. Blackman, 72 F.3d 1418, 1423-1424 (9th Cir. 1995); Gannet v. First Natl. State Bank, 546 F.2d 1072, 1075-1076 (3d Cir. 1976). Conversely, State attorney-client privilege rules apply where the underlying cause of action rests on State law. Rhone-Poulenc Rorer, Inc. v. Home Indem. Co., 32 F.3d 851, 861-862 (3d Cir. 1994). Petitioners argue that the cases at bar involve the latter situation. Petitioners claim: The issue here is not whether Petitioner has waived his attorney-client privilege in the within U.S. Tax Court proceeding involving federal statutes of the Internal Revenue Code. The issue here is whether Petitioner waived his attorney-client privilege in Fitzsimon v. S.C.Equestrian, et al, a 1994 State Court proceeding involving causes of action under the laws of the State of California. * * * We, however, disagree. The matter before us is a redetermination of petitioners’ Federal income tax liabilities under Title 26 of the United States Code. It therefore falls squarely within the above-described parameters for an adjudication of Federal law. Moreover, contrary to petitioners’ suggestion, the issue here is precisely whether the privilege has been waived for purposes of this Tax Court proceeding, regardless of whether it was waived for purposes of earlier litigation in California. Although certain of respondent’s bases for contending that thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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