- 29 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011