Ernie prepared a federal income tax return for Bert. In the courses of preparing the return, Ernie had several conferences with Bert and made notes. In addition, Bert furnished Ernie with a number of documents concerning transactions in which Bert had been involved. The IRS ultimately brought suit against Bert, claiming that he had underpaid his actual tax liability by a substantial amount. The IRS arranged for a subpoena to be served on Ernie, a subpoena purported to require him to produce, in court, Bert’s documents and the notes he had made during conversations with Bert. Ernie sought to resist the order on the basis that the conversations were held in confidence the purpose of preparing Bert’s tax return, and that the notes were made documents were delivered in further the same purpose. 

Ernie claimed, therefore, that what the IRS sought was privileged information and that since the nor Bert had waived the privilege, he should not have to produce what the IRS sought. 

Is Ernie’s argument sought? Why or why not?

Answer rating: 100% (QA)

Yes Ernies claim is lawfull and an his argument should be sought Here Ernie is a ... View the full answer