I want to thank the FBA for the opportunity to speak to its members on what I still think is the most important federal tax case in recent memory, even if the Supreme Court doesn’t share my enthusiasm. In fact, I’m optimistic that the cert. denial will actually prompt an ongoing discussion over the implications of attorney work product not only in the tax context but also in the larger regulatory context.
So with that in mind, I want accomplish three things today:
I want to offer a few comments on the discussion that’s already transpired;
I want to talk about how the government has responded so far to its en banc victory in Textron, including its “uncertain tax position” proposal; and lastly
I want to generate a discussion on improving the work product doctrine in the context of modern regulatory practices such as tax.