U.S. v. Textron: Implications for Corporate Taxpayers
Strategies for Protecting Confidentiality of Tax Accrual Work Papers
First Circuit reverses position on work product protection in tax matters
Recording of a 90-minute CLE/CPE webinar with Q&A
This seminar will examine the First Circuit's recent reversal in U.S. v. Textron and the implications for business taxpayers. The panel will outline steps counsel can take to protect confidentiality of a company's tax work papers, to the extent still possible.
- U.S. v. Textron
- District court ruling and First Circuit’s January ruling
- Majority opinion
- Impact of decision
- Application of the “in anticipation” standard
- In IRS summons
- Implications for interpreting Rule 26(b)(3)
- For litigation
- Strategies for protecting work papers
The panel will review these and other key questions:
- What are the three competing applications of the "in participation" standard described in the First Circuit's dissent?
- What steps should businesses take to address the standards and protect tax work papers?
- What are the implications of Textron for interpreting Rule 26(b)(3)?
- What steps should tax counsel take to maintain confidentiality of client information in tax matters?
Lawrence M. Hill
He leads the firm's Tax Controversy and Litigation Group and is a preeminent advisor in tax controversy, procedure and... | Read More
He leads the firm's Tax Controversy and Litigation Group and is a preeminent advisor in tax controversy, procedure and administration. He is lead national litigation counsel to a major international bank in litigation and government investigations involving alleged tax shelters and lead counsel to professional services firms and financial institutions under promoter penalty investigation by the IRS.Close
Corina M. Trainer
She is responsible for a range of issues dealing with the IRS and its Office of Chief Counsel, with principal... | Read More
She is responsible for a range of issues dealing with the IRS and its Office of Chief Counsel, with principal concentration on procedures and programs of the IRS National Office. She advises and helps clients understand the meaning and impact of the tax shelter disclosure regulations and develop compliance process to comply with their obligation under these regulations.Close
Edward L. Froelich
Morrison & Foerster
He has represented corporations, partnerships, and individuals in the administrative and litigation stages of a federal... | Read More
He has represented corporations, partnerships, and individuals in the administrative and litigation stages of a federal tax controversy. He devotes substantial time to following developments in privilege and work product issues as they affect tax controversies, and is a frequent speaker on topics such as privilege, work product, FIN 48, and low-income taxpayer litigation issues.Close
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