The First Circuit today granted the government's petition, and denied the taxpayer's petition, for rehearing en banc in United States v. Textron, No. 07-2631 (1st Cir. Jan. 21, 2009). The sharply divided (2-1) First Circuit panel had held that Textron's tax accrual work papers were protected under the work product investigation and thus did not need to be turned over to the IRS in its tax shelter investigation. The full First Circuit will hear oral argument on June 2, 2009. (Hat Tip: How Appealing.) Prior TaxProf Blog coverage:
