- 7 - Both the Welhaf memorandum and the Hyman memorandum were prepared as part of respondent’s counsel’s efforts to prepare legal theories and plan strategy for the instant case. Discussion A. Preliminary Petitioners want to discover the Welhaf memorandum and the unredacted Hyman memorandum. See Rules 70,4 72. Respondent objects to discovery of these memoranda on the ground that both memoranda are privileged. See Rule 70(b)(1). A party opposing discovery on such a ground has the burden of establishing that the information sought is privileged. Ames v. Commissioner, 112 T.C. 304, 309 (1999); Bernardo v. Commissioner, 104 T.C. 677, 691 (1995). The privilege respondent claims is the one resulting from the work product doctrine. See Rules Committee Notes, 60 T.C. 1058, 1098. If the party opposing discovery establishes that the information sought is work product, then discovery will not be required unless the Court determines that, in the situation before it, the information sought should nevertheless be disclosed. Hickman v. Taylor, 329 U.S. 495, 512 (1947); Ames v. Commissioner, 112 T.C. at 310-311. 4 Unless indicated otherwise, all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007