- 22 - We conclude that respondent has not waived the work product doctrine privilege with respect to the Hyman memorandum. We do not understand petitioners to contend that respondent waived the privilege with respect to the Welhaf memorandum, except as a derivative of their contention as to the Hyman memorandum. We hold that the privilege has not been waived as to either memorandum. 6. Conclusion The unredacted memoranda are privileged from disclosure under the work product doctrine privilege. Neither memorandum includes material such that the need to discover the work product is compelling. Finally, respondent has not waived the protection of the work product doctrine privilege. An appropriate order will be issued denying petitioners’ request to discover the unredacted memoranda.10 10 We note that the parties have stipulated the text of the redacted Hyman memorandum as a joint exhibit relating to petitioners’ secs. 7430 and 6673 motions. We have concluded that respondent’s references to the two memoranda in materials filed with the Court up to now do not constitute a use leading to waiver of the work product doctrine privilege.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22Last modified: November 10, 2007