Jared T. Meier (J.D. 2011, Chicago) has published Comment, Understanding the Statutory Tax Practitioner Privilege: What Is Tax Shelter “Promotion”?, 78 U. Chi. L. Rev. 671 (2011). Here is the Conclusion:

The value of the tax practitioner privilege will be severely limited until taxpayers and their advisers can predict how the privilege will apply in long-term advising relationships. Courts should ignore the length of the advising relationship, and should read promotion broadly to mean furtherance or encouragement—consistent with the way similar terms are used in other Code provisions pertaining to tax shelters. Additionally, courts should recognize that the § 6662 tax shelter definition should be limited to listed transactions, nonlisted transactions that are prepared for multiple taxpayers, and transactions that are clearly abusive. It does not encompass any transaction in which the claimed tax benefits are consistent with the Code and congressional purpose. Armed with this narrower understanding of tax shelter and this broader understanding of promotion, courts can ensure that the exception reaches abusive tax planning without interfering with routine and customized tax advice.