Thomas J. and Bonnie F. Ratke - Page 12




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          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;              








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