Skip to Main Content

Mark Allison Comments on Tax Court Decision

April 24, 2014, Federal Tax Weekly

Caplin & Drysdale's Mark D. Allison spoke with CCH's Federal Tax Weekly and offered the takeaways below concerning a recent U.S. Tax Court decision. The court agreed with the IRS in that taxpayers forfeit the protection of attorney-client privilege on tax opinion letters from a law firm if they seek to avoid accuracy-related penalties by asserting affirmative defenses of good faith and state of mind. For the full article, please click on the above link and go to page 195.

Excerpt taken from the article.

CCH Take Away. "The decision is an important reminder of the consequences of injecting the taxpayer's knowledge and belief into a proceeding, whether or not relying on privileged information," Mark Allison, member, Caplin & Drysdale, Chartered, New York, told CCH. "The Tax Court has now made it clear, if it was at all ambiguous previously, that once the door is opened by the taxpayer the court will open it all the way."


About Caplin & Drysdale
Celebrating our 55th Anniversary in 2019, Caplin & Drysdale continues to be a leading provider of legal services to corporations, individuals, and nonprofits throughout the United States and around the world. We are also privileged to serve as legal advisors to accounting firms, financial institutions, law firms, and other professional services organizations.

The firm's reputation over the years has earned us the trust and respect of clients, industry peers, and government agencies. Moreover, clients rely on our broad knowledge of the law and our keen insights into their business concerns and personal interests. Our lawyers' strong tactical and problem-solving skills -- combined with substantial experience handling a variety of complex, high stakes, matters in a boutique environment -- make us one the nation's most distinctive law firms.

With offices in New York City and Washington, D.C., Caplin & Drysdale's core practice areas include:
For more information, please visit us at
Washington, DC Office:
One Thomas Circle NW
Suite 1100
Washington, DC 20005
New York, NY Office:
295 Madison Avenue
12th Floor
New York, NY 10017


This communication does not provide legal advice, nor does it create an attorney-client relationship with you or any other reader. If you require legal guidance in any specific situation, you should engage a qualified lawyer for that purpose. Prior results do not guarantee a similar outcome.

Attorney Advertising
It is possible that under the laws, rules, or regulations of certain jurisdictions, this may be construed as an advertisement or solicitation.
© 2022 Caplin & Drysdale, Chartered
All Rights Reserved.