Sterling Trading Opportunities, L.L.C., Sentinel Advisors, L.L.C., Tax Matters Partner - Page 5




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               Respondent adds that the L.L.C. memorandum does not claim              
          that the documents contain the mental impressions, conclusions,             
          opinions, or legal theories of an attorney or other                         
          representative of a party concerning litigation.  Respondent                
          argues that, even were petitioner and the L.L.C. to make that               
          claim, he has made a highly persuasive showing of a substantial             
          need for the documents.                                                     
                                     Discussion                                       
               We recognize the work product doctrine.  See Ratke v.                  
          Commissioner, 129 T.C. __, __ (2007) (slip op. at 9-10).                    
                    If the party opposing discovery establishes that                  
               the information sought is work product, then discovery                 
               will not be required unless the Court determines that,                 
               in the situation before it, the information sought                     
               should nevertheless be disclosed.  Hickman v. Taylor,                  
               329 U.S. 495, 512 (1947); Ames v. Commissioner, 112                    
               T.C. at 310-311.                                                       
          Ratke v. Commissioner, supra at __ (slip op. at 7).  In the Ratke           
          case, we addressed the extent of the privilege resulting from the           
          work product doctrine as follows:                                           
                    The privilege resulting from the work product                     
               doctrine is qualified; it may be overcome by an                        
               appropriate showing.  Ames v. Commissioner, 112 T.C. at                
               310; Hartz Mountain Industries v. Commissioner, 93 T.C.                
               at 527 (1989).  Rule 26(b)(3) of the Federal Rules of                  
               Civil Procedure requires a showing of “substantial                     
               need” and an inability to otherwise obtain the                         
               substantial equivalent “without undue hardship”; that                  
               rule sets aside “disclosure of the mental impressions,                 
               conclusions, opinions, or legal theories of an attorney                
               or other representative of a party concerning the                      
               litigation.”  [Id. at __ (slip op. at 13); fn. ref.                    
               omitted.]                                                              
               The documents, as described in the L.L.C. memorandum, and as           
          shown by our in camera examination, contain notes taken by                  






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