Thomas J. and Bonnie F. Ratke - Page 22




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               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.                              






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