First Circuit Vacates Textron Workpaper Privilege Decision

The First Circuit has vacated its January decision in the Textron case, and a full panel of First Circuit judges will rehear the case in June.


The January decision (No. 07-2631 (1st Cir. 1/21/09)) had held that the work-product privilege could operate to prevent the disclosure to the IRS of workpapers prepared in anticipation of an IRS examination. At that time, the appeals court remanded the case to a lower court to decide if Textron had waived that privilege in this case. (Click here to read a discussion of the January opinion.)


The January decision did not squarely address what test should be applied for deciding whether workpapers were shielded by the privilege. The dissent in that case had argued that workpapers created in the ordinary course of business and not just in anticipation of litigation could not be privileged and that the January decision ran counter to prior First Circuit precedent. The June rehearing will give the First Circuit a chance to decide those issues. Because the earlier decision has been vacated, both the holding on the work-product privilege and the remand on the waiver issue are without effect.



Year-end tax planning and what’s new for 2016

Practitioners need to consider several tax planning opportunities to review with their clients before the end of the year. This report offers strategies for individuals and businesses, as well as recent federal tax law changes affecting this year’s tax returns.


News quiz: Retirement planning, tax practice, and fraud risk

Recent reports focused on a survey that gauges the worries about retirement among CPA financial planners’ clients, a suit that affects tax practitioners, and a guide that offers advice on fraud risk. See how much you know with this short quiz.


Bolster your data defenses

As you weather the dog days of summer, it’s a good time to make sure your cybersecurity structure can stand up to the heat of external and internal threats. Here are six steps to help shore up your systems.