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News Link • TAXES: Federal

The Next Shoe Just Dropped: Court Denies Attorney-Client Privilege

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.... Yet in a United States Tax Court decision announced on Wednesday, the court dismissed attorney client privilege, stating that:

“When a person puts into issue his subjective intent in deciding how to comply with the law, he may forfeit the privilege afforded attorney-client communications.”

In other words, if a person works with legal counsel within the confines of the tax code to legitimately minimize the amount of taxes owed, that communication is no longer protected by attorney-client privilege.

Furthermore, the ruling states that if the individuals do not submit attorney-client documentation as required, then the court would prohibit them from introducing any evidence to demonstrate their innocence....

1 Comments in Response to

Comment by Ed Price
Entered on:

So, now we need companies that represent the attorney on one side and the client on the other side. The company in between is bonded, and is under contract to never disclose the things that either side tells them. The attorney and the client never talk together. They only talk to the company in between. Client attorney privilege doesn't matter, because neith has knowledge of what the other is doing. They only have knowledge of what the company in between says. And since it is NOT the company in between that is negotiating the deal for themselves, they can have an entirely different kind of client attorney privilege, while the real client's info is kept separate. The attorney can't reveal it because the real client has never made it known to the attorney. It would be hearsay.

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