- 12 - that document in the civil tax proceeding that followed the criminal tax case. We concluded in Ames that there was sufficient nexus between the criminal litigation for which the document had originally been prepared, and the civil litigation before this Court, so that the document qualified as work product in the civil litigation. Ames v. Commissioner, 112 T.C. at 309- 310. Additionally, the Court of Appeals for the Tenth Circuit noted that “it appears every circuit to address the issue has concluded that, at least to some degree, the work product doctrine does extend to subsequent litigation.” Frontier Refining Inc. v. Gorman-Rupp Co., 136 F.3d 695, 703 (10th Cir. 1998 (and cases cited therein). Compare the foregoing with Hartz Mountain Industries v. Commissioner, 93 T.C. 521, 527-528 (1989), in which we concluded that the fact that “the work product at issue was prepared approximately a decade ago in distinctly different litigation” was one of three factors that collectively led us to rule that the work product doctrine privilege did not protect against disclosure in that case. In this respect, the instant case is clearly distinguishable from Hartz Mountain Industries. A fortiori, a document prepared for the same litigation, as in the instant case, qualifies as work product. See discussion in Ames v. Commissioner, 112 T.C. at 310 & n.4;Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007