Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 22

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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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