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COMMISSIONER OF REVENUE v. COMCAST CORPORATION

SJC-10209.

453 Mass. 293 (2009)

COMMISSIONER OF REVENUE v. COMCAST CORPORATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 2009.

Attorney(s) appearing for the Case

William W. Porter, Assistant Attorney General, for the plaintiff.

David J. Nagle for the defendants.

John S. Brown, George P. Mair, Donald-Bruce Abrams, & Matthew D. Schnall, for The New England Cable & Telecommunications Association, Inc., amicus curiae, submitted a brief.

Shirley K. Sicilian & Sheldon H. Laskin, for Multistate Tax Commission, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

MARSHALL, C.J.

We transferred this appeal here on our own motion to consider whether the attorney-client privilege or the work-product doctrine protect from disclosure communications between an in-house corporate counsel and outside tax accountants consulted by him regarding the structuring of a sale of stock mandated by an antitrust consent judgment.

In connection with an audit examination by the Commissioner of Revenue (commissioner)2<...

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