Bernhard F. and Cynthia G. Manko - Page 9

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          lead counsel. The Court then  discharged  them  from  their                 
          responsibilities as lead counsel.                                           
               A letter from Mr. Berman to Ms. Kaplan dated April 21, 1988,           
          states:                                                                     
                    Enclosed please find a copy of an Internal                        
                    Revenue Service Memorandum, dated April 1,                        
                    1988, concerning the Arbitrage  Management                        
                    ("AMIC") settlement position.  Mr. Kletnick has                   
                    agreed that you or any taxpayer who invested                      
                    through AMIC may use this memo when attempting                    
                    to have an Arbitrage Management statutory                         
                    notice rescinded.                                                 
          The attached Internal Revenue Memorandum, dated April 1, 1988, sent         
          to all IRS offices from Regional Counsel, North Atlantic Region (Ms.        
          Vorsanger), states in pertinent part:                                       
               We have received authorization to disseminate settlement               
               guidelines  with  respect  to  Arbitrage  Management                   
               Investment Company cases.  The basic agreement is that                 
               the taxpayers are entitled to 20 percent of the tax                    
               stake, or cash + 15 percent if greater.  The Service is                
               entitled to 80 percent.  A proper allocation by year is                
               required.  Within this basic  agreement, we have devised               
               the methodology, outlined below, which is different for                
               individual investor and partnership case.                              
               *     *     *     *     *     *     *                                  
               Penalties described in I.R.C. Sections 6653, 6659 will                 
               not be imposed.                                                        
          E.  Implementation of the Settlements                                       
               Although the parties had settled the issue of the deductibility        
          of the Arbitrage Management losses, the settlements still needed to         
          be implemented. Under the settlements, most taxpayers  had                  
          deficiencies in earlier years and overpayments in later years.              





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