- 9 - that the same considerations apply to the unredacted Hyman memorandum. Petitioners also maintain that the memoranda were prepared for “the case in chief” and are not work product with respect to “the post-decision application for litigation costs and sanctions”. Finally, petitioners maintain that respondent’s efforts to use the redacted version of the Hyman memorandum “as support for its claim of substantial justification under I.R.C. §7430(c)(4)(B)” should be treated as a waiver of the work product doctrine privilege for the entire Hyman memorandum. C. Summary and Conclusions Both the Welhaf memorandum and the Hyman memorandum are work product and so are privileged. The privilege is qualified. We examined both memoranda in camera and conclude that (1) exceptions to this privilege do not apply and (2) this privilege has not been waived. Accordingly, neither memorandum is required to be disclosed in the present proceeding. D. Analysis 1. In General We set forth this Court’s general view of the work product doctrine in P.T. & L. Construction Co. v. Commissioner, 63 T.C. 404, 407-408 (1974), as follows: The work product doctrine was given its first thorough exposition in the Federal courts in Hickman v. Taylor,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007