- 5 - 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 byPage: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008