U.S. v. Deloitte:
Expansion of Work Product Doctrine in Tax Controversies

Strafford Webinar

09/28/2010 01:00 p.m. - 02:30 p.m. EDT

Federal Tax and Federal Tax Controversy + Litigation

Edward L. Froelich

Edward L. Froelich


Christie Adams
(212) 336-4024

After the Supreme Court denied cert. in U.S. v. Textron, the 1st Circuit case which held that taxpayer accrual papers are not protected work product, the D.C. Circuit Court weighed in on the scope of work product in U.S. v. Deloitte and provided a more expansive analysis than the 1st Circuit case.
The Deloitte decision focused on the substance of the document, holding that a document is work product if the content, not the document itself, was prepared in anticipation of litigation. The court also held that disclosure of internal memoranda to the taxpayer’s auditor does not waive protection.
The Deloitte decision represents a victory for taxpayers and has a major impact on a company’s disclosure of internal tax documents to outside auditors. The decision also has significant ramifications for the new IRS mandate for corporations to report uncertain tax positions.

Strafford will provide CLE credit.

Email Disclaimer

Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

©1996-2018 Morrison & Foerster LLP. All rights reserved.