Insights & Developments

In a closely watched case, Textron Inc. has asked the U.S. Supreme Court to review a decision of the U.S. Court of Appeals for the First Circuit that dramatically narrowed the traditional scope of protection afforded under the “work-product privilege.” The First Circuit's decision, if allowed to stand, has significant implications for tax practitioners and their corporate clients, both in the federal and state arenas. In this article, authors Donald M. Griswold, Donna M. Doblick, and Sara A. Lima, discuss the limitations of work-product privilege in different contexts and why the U.S. Supreme Court should grant review. 

Comcast Cablevision is challenging a California assessment based on the state's treatment of a “break-up fee” by a would-be acquisition as business income and its contention that the taxpayer's 57 percent interest in a home shopping network renders it unitary with the TV retailer. In this article, Kyle O. Sollie and Brian W. Toman, of Reed Smith LLP, review Comcast's arguments and the lessons other taxpayers might draw from the case.