Sterling Trading Opportunities, L.L.C., Sentinel Advisors, L.L.C., Tax Matters Partner - Page 4




                                        - 4 -                                         
               Respondent argues that the documents are not protected by              
          the work product doctrine because petitioner and the L.L.C. have            
          failed to show that litigation was anticipated by Mr. Franco or             
          Mr. Missry at the time they wrote the documents.  Respondent also           
          argues that, assuming that the documents were written in                    
          anticipation of litigation, he has substantial need for the                 
          documents and is unable to obtain the substantial equivalent by             
          other means.  Respondent claims his substantial need is to show             
               the purpose, structure, parties, and fees for the                      
               transaction, all of which relate to respondent’s                       
               position that the transaction was entered into for                     
               purely tax avoidance purposes.  Contrary to                            
               respondent’s position, petitioner and the participating                
               partner have alleged that Sterling Trading                             
               Opportunities and Topaz Trading were formed for an                     
               investment purpose.                                                    
               Respondent bases his claim that there is no substantial                
          equivalent for the documents on the following.  He has deposed              
          Mr. Hananel, who does not recall details about the information              
          that was provided to Mr. Franco and Mr. Missry in September and             
          October of 1999.  Mr. Hananel did not recall attending meetings             
          with Sentinel Advisors with respect to Mr. Franco.  Respondent              
          has spoken informally to Mr. Robinson, who could not provide                
          details about the meetings.  Respondent summarizes:  “The lapse             
          in time has caused memories to fade about the details discussed             
          at these two meetings.  There simply is no other way for the                
          respondent to obtain the critical information contained in the              
          contemporaneous notes of the meetings sought in the motion to               
          compel.”                                                                    







Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: March 27, 2008