Thomas J. and Bonnie F. Ratke - Page 15




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          that counsel can stipulate as to which facts were set forth and             
          which facts were not set forth (omitted) in Ms. Welhaf’s                    
          Memorandum to the Chief Counsel’s Office.”  Respondent contends:            
          8.  As far as Ms. Welhaf’s opinion work product is concerned, it            
          is respondent’s view that such opinion work product is absolutely           
          protected from disclosure.  We reject both sides’ contentions               
          insofar as they would preclude us from conducting an appropriate            
          balancing of interests in section 7430 and section 6673(a)(2)               
          disputes.                                                                   
               We decline to adopt either side’s approach.  In an effort to           
          give meaningful effect to the relevant public policies in a                 
          practical way in the instant case, we chose to conduct in camera            
          inspections of the two unredacted memoranda.  We recognize that             
          other courses of action may be preferable in other circumstances.           
          4.  Application to This Case                                                
               Having conducted an in camera review of the Welhaf                     
          memorandum and the unredacted Hyman memorandum, we conclude there           
          is neither a substantial need to discover any of the fact-based             
          work product nor compelling need to discover any of the opinion             
          work product.                                                               
               A redacted version of the Hyman memorandum was provided to             
          petitioners.  The redacted version of the Hyman memorandum                  
          discloses the statements about matters of fact, but not all of              
          the legal strategies or opinions, set forth in the unredacted               







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