FEI Files Amicus Curiae Brief With Supreme Court in Support of Petition for Review of Textron Case
28 January 2010 - 12:00AM
PR Newswire (US)
Case Against IRS Concerns Attorney-Client, Tax Practitioner-Client,
Work Product Privileges FLORHAM PARK, N.J., Jan. 27 /PRNewswire/ --
Financial Executives International (FEI) today filed an amicus
curiae "friend of the court" brief with the Supreme Court of the
United States in support of a petition for review of the U.S. vs.
Textron case. FEI urged the Supreme Court to hear arguments in this
significant case which concerns whether a public company can
withhold from disclosure to the IRS tax accrual work papers that
reflect the company's candid self-assessment of litigation hazards,
and has been vocal on this issue during the course of this case.
The outcome of this case has broad implications beyond the tax
field and affects every public company. The petition filed today
was submitted jointly by FEI's Committee on Taxation and Committee
on Corporate Reporting and prepared by the law firm Miller &
Chevalier. The Committees maintain that a 2007 lower court decision
in favor of Textron appropriately balances the competing interests
of the IRS, the investing public, and the fairness considerations
that protect attorney work product. This appropriate balancing
should permit companies to share candid assessments of potential
litigation claims with their outside auditors, for example, without
fear that such information would be accessible by competitors or
adversaries. Unfortunately, the lower court decision was reversed
by the en banc court of appeals and, accordingly, the Supreme Court
is now being asked to weigh in on the issue. A brief timeline of
the case, along with FEI's actions are as follows: -- August 29,
2007 - The Federal District Court in Rhode Island held that the tax
accrual work papers of Textron, Inc., (NYSE:TXT) based in
Providence, RI, were protected by attorney work-product protection
and denied the IRS access. -- April 4, 2008 - FEI's Tax Committee
and Committee on Corporate Reporting filed an amicus curiae brief
in the U.S. Court of Appeals for the First Circuit in support of
the District Court's decision. -- January 21, 2009 - A panel of the
U.S. Circuit Court of Appeals for the First Circuit issued its
ruling, which affirmed the District Court's holding that Textron's
internal tax accrual work papers are privileged material. -- March
25, 2009 - The First Circuit granted a motion for rehearing en banc
and vacated the court's earlier opinion affirming the lower court.
-- August 13, 2009 - The full First Circuit, by a 3-2 vote, held
that Textron's tax accrual work papers are not protected work
product. -- December 24, 2009 - Textron filed a petition for
certiorari seeking Supreme Court review of the First Circuit's
decision. -- January 27, 2010 - FEI's Tax Committee and Committee
on Corporate Reporting file amicus curiae brief with the Supreme
Court of the United States in support of a petition for review of
the case. "The issues in the Textron case are extremely important
to FEI's membership, and have a direct effect on all publicly held
companies and their ability to prepare financial statements and
efficiently file tax returns," said Matt Miller, FEI's Senior
Director of Government Affairs. "We strongly encourage the Court to
grant review in this case so that the Court can clarify the scope
of work-product protection. We hope the Court will reach a decision
that will allow companies to act in the best interest of their
shareholders." The Supreme Court is expected to act upon the
Textron petition early this spring. A copy of the FEI brief is
available upon request. About Financial Executives International
(FEI) Financial Executives International (FEI) is the leading
advocate for the views of corporate financial management. Its
15,000 members hold policy-making positions as chief financial
officers, treasurers, and controllers. FEI enhances member
professional development through peer networking, career planning
services, conferences, publications, and special reports and
research. Members participate in the activities of 85 chapters, 74
of which are in the United States and 11 in Canada. For more
information on FEI, visit http://www.financialexecutives.org/.
DATASOURCE: Financial Executives International CONTACT: Nicole
Madison, FD, +1-212-850-5647, Web Site:
http://www.financialexecutives.org/ Company News On-Call:
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