Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 17

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          settlement with the DOJ.  Moreover, Fieldstone recalled that                
          there was a fair amount of negotiation with the DOJ regarding the           
          degree of constraint on Winer's continued participation in the              
          securities business and what reporting obligations would be                 
          imposed upon Winer as part of the settlement.  In addition,                 
          Fieldstone recalled that "we were negotiating a letter to the               
          limited partners and Mr. Winer's role as a tax adviser, those               
          types of issues.  I don't remember the details."  It was                    
          Fieldstone's impression that the Government wanted Winer to                 
          resign as TMP, "maybe because he was one of the promoters of the            
          transaction."  Although Fieldstone knew what a TMP did, he did              
          not specifically analyze it for purposes of finalizing a                    
          settlement with the Government.  Fieldstone did not know how a              
          TMP was appointed or changed, and he never did any research on              
          the matter.                                                                 
               On January 3, 1986, Davis sent Fieldstone another draft of             
          the proposed Permanent Injunction.  This document provided for an           
          unspecified amount of penalties under section 6700 to be paid by            
          Winer and Winer Development Corp.  This penalty provision was               
          removed from the Permanent Injunction later entered by the U.S.             
          District Court fro the Middle District of Florida (District                 
          Court).  A revised draft of the Final Consent was sent by Davis             
          to Fieldstone on January 13, 1986.  The revised Final Consent had           
          been changed to state that the entry of the Permanent Injunction            
          did not preclude the IRS from assessing penalties under section             




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