Paul L. Caron

Tuesday, May 25, 2010

Ventry Presents What to Make of the Supreme Court's Denial of Cert in Textron? Today in D.C.

Ventry Following up on yesterday's post, Supreme Court Denies Cert in Textron Tax Work Papers Case:  UC-Davis Tax Prof Dennis J. Ventry, Jr. presents U.S. v. Textron: What to Make of Attorney Work Product for Regulatory Lawyers After the Supreme Court's Cert. Denial? today as part of a panel discussion on Textron v. United States: Are Tax Accrual Workpapers Protected Work Prooduct? hosted by the Section on Taxation of the Federal Bar Association in Washington, D.C.:

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:

  1. I want to offer a few comments on the discussion that’s already transpired; 
  2. 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
  3. I want to generate a discussion on improving the work product doctrine in the context of modern regulatory practices such as tax.

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I though Prof. Ventry, the other panelists, and the attendees, including many DOJ attorneys--including those who worked on Textron--made for a vibrant and stimulating discussion. And it started at 8:30 am and I had no caffeine.

In some ways, the program was even better with the Cert Denied out there. That way the discussion focused on the realities on the ground instead of unimportant hypotheticals such as "will they grant cert? "why?" "what is likely to happen?" "Will Solicitor Gen Kagen recuse herself, or have to, if she is Justice Kagen." etc. etc. Instead we focused on work product doctrine, attorney client privilege and what the lay of the land is now.

Bless you Supremes for catering to the scheduling of the FBA!

Posted by: tax guy | May 25, 2010 8:28:21 PM