- 28 - investors a subsequent letter discussing the issues Miller had raised. At some point after Miller sent his letter, Davis, Fieldstone, and Winer became concerned that because the partners Winer had listed as the new TMP's were all limited partners, they might be ineligible to serve as TMP's under section 6231(a)(7). The parties involved also were concerned by Miller's interpretation of the proposed regulations that the mailing of a letter of resignation by Winer to the partners was ineffective to terminate his own status as the TMP or to designate a new TMP under existing law. In a June 23, 1986, letter to Davis, Fieldstone proposed that Winer "continue to serve as the tax matters partner solely for the purpose of providing administrative services in such capacity and not for the purpose of rendering any substantive legal advice to limited partners." Fieldstone also wrote that "Mr. Winer is willing to comply with your request to resign as tax matters partner if such resignation were possible under existing law, which apparently it is not." In response, Davis, reversing her earlier opposition to allowing Winer to serve as TMP, wrote Fieldstone on August 7, 1986, that the United States would agree to allow Winer to continue to serve as TMP, for the purpose of providing "administrative services to the recycling partnerships." Subsequently, on August 11, 1986, the United States and WinerPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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