Supreme Court won’t review First Circuit’s Textron decision

U.S. v. Textron Inc. and Subsidiaries, (CA 1 8/13/2009) 104 AFTR 2d ¶ 2009-5208, cert denied 05/24/2010

Last summer, in an en banc rehearing (i.e., by the full Court), the Court of Appeals for the First Circuit, in a 3-2 decision, held that a corporation’s tax accrual workpapers aren’t protected by the work product privilege. In a much anticipated decision, the Supreme Court has now declined to review this controversial decision of the First Circuit. This article reviews the controversy. It also carries practitioner commentary, from Douglas S. Stransky, Attorney at Law, Sullivan & Worcester LLP, One Post Office Square Boston, MA 02109, on the reasons Textron felt the Supreme Court should hear the case and what its failure to do so means for practitioners.

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