Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 29

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          filed a Joint Motion for an Order Granting Specific Relief from             
          Final Judgment of Permanent Injunction (joint motion).  Winer               
          authorized Fieldstone to sign the joint motion for specific                 
          relief on his behalf.  In the joint motion, the parties moved               
          that "Winer be allowed to act as tax matters partner for some of            
          the recycling partnerships listed in the Final Judgment of                  
          Permanent Injunction, for the purpose of providing administrative           
          services to said partnerships."  Davenport was one of the                   
          recycling partnerships listed in the Permanent Injunction.  Winer           
          purportedly assumed that the joint motion was another part of the           
          settlement.                                                                 
               Davis testified that her understanding of the term                     
          "administrative services" at the time the modification was filed            
          was that this would allow Winer to participate in winding up the            
          partnerships and defending them in the Tax Court.  According to             
          Davis, Winer was allowed to be reinstated as TMP because no other           
          partner would accept the responsibility.                                    
               The parties also jointly filed a memorandum in support of              
          the joint motion which stated:                                              
               Because of the refusal of the persons on this list to                  
               act as tax matters partners, and the apparent inability                
               of the defendant [Winer] to obtain other persons to act                
               in this capacity, and also because someone is needed to                
               administer the affairs of the partnerships, the United                 
               States and the defendants [Winer and Winer Development                 
               Corp.] have agreed that it is in the best interest of                  
               all involved to allow defendant Samuel L. Winer to act                 
               as tax matters partner on behalf of said partnerships.                 






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