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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's
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