- 83 - was nominally a managing partner for W & A, but he was not aware that he held that position. He did not engage in management of W & A. Fred had installed Andrew as the managing partner of W & A in an attempt to comply with a provision of section 469, added to the Internal Revenue Code by the Tax Reform Act of 1986. Fred had believed that a tax shelter partnership could continue to use the cash method of accounting if investors with more than a 65- percent interest--here, allegedly, Andrew--participated in the partnership's activity. It later became clear that Fred's interpretation was not correct. W & A originally had six partners, consisting of four individuals and two corporations. All were clients of BBPA. There were no prospectuses or formal offering sheets for W & A. On September 26, 1986, W & A, MPC, BBPA, and Machise entered into an employee leasing agreement, prepared by Fred. This agreement was much less detailed about the parties' rights and responsibilities than the prior versions had been. Nevertheless, as with the prior partnerships, W & A was to provide all the individual employees and independent contractors required by Machise to conduct its business for the period January 1 through December 31, 1987. The employees and independent contractors were the same employees and independent contractors who worked for Machise before the W & A employee leasing agreement was made.Page: Previous 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Next
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