Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 3

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          jurisdiction to decide this case.  In particular, participants              
          allege that Samuel L. Winer (Winer) had been enjoined from acting           
          as tax matters partner (TMP) of Davenport Recycling Associates              
          (Davenport) and had no authority to sign partnership level                  
          consents extending the statutory period of limitations for                  
          assessment during the relevant periods or to sign the petition to           
          this Court on behalf of Davenport, and therefore this Court                 
          lacked jurisdiction when the decision was entered in this case.             
          In addition, participants allege that the decision in this case             
          was obtained as a result of fraud on the Court perpetrated by               
          respondent because respondent's attorneys concealed from the                
          Court Winer's purported inability to act as TMP.2                           
               Respondent asserts that participants' motion for special               
          leave should be denied because the Court had jurisdiction when              
          the decision was entered, and the decision was not obtained by              
          fraud on the Court.  Respondent further asserts that                        
          participants' motion for special leave should be denied because a           
          timely petition was filed by the sole general partner, Winer, and           
          it was ratified by the partners other than Winer.                           



          2    In their Motion for Special Leave to File Motion for                   
          Reconsideration of Decision or to Vacate Decision, the                      
          participants assert that the Court lacks subject matter                     
          jurisdiction because they claim Winer did not have authority to             
          extend the period of limitations or to file a petition in this              
          Court.  The participants have not requested that, in the event              
          the Court has jurisdiction, it should permit them to contest the            
          underlying issues on the merits.                                            




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