- 22 - that he did not personally know each individual or entity named in his letter as a replacement TMP, but he did recognize two- thirds of the individuals or entities listed. At the time he sent the letter, Winer thought that DL & Associates, which he had identified as the replacement TMP for Davenport, was a law firm. In fact, DL & Associates was a partnership which had been formed for the purpose of investing in Davenport and other Plastics Recycling promotions. DL & Associates consisted of five or six individuals who had a percentage of an interest in one unit of Davenport. Other investors, aside from those who purportedly had been appointed as the new TMP's, called Winer after receiving his resignation letter of April 23, 1986, to ask him about the effect of his letter. Winer responded by assuring the investors that his resignation as TMP did not mean that they were out on their own and that since many of the new TMP's that he had designated were attorneys, the partnerships would still be able to fight the IRS on the tax issues. Additionally, a few investors called Fieldstone and asked him general questions about Winer's letter. The record in this case clearly indicates that Fieldstone and Winer selected the replacement TMP's. In a June 23, 1986, letter from Davis to Fieldstone relating to the section 7408 injunction case against Winer, Davis wrote: This is in response to your May 22, 1986, letter concerning the tax matters partners for the eight partnerships involved in the above-entitled case. As you are aware, we left to you and your client'sPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011