- 32 - although he did inform a few investors "in the course of business" that he had been reinstated as TMP of the partnerships. Winer did not speak with Davis about the modification and did not inform her that he was not going to notify the investors that he had been reinstated as TMP of the partnerships. Davis did not instruct Winer to notify the investors that the Permanent Injunction had been modified. H. The Davenport Partnership Examination Respondent conducted a TEFRA partnership audit of Davenport for its 1982 through 1985 taxable years. From 1984 through June 26, 1988, Winer was represented in the partnership audit proceedings by Harris W. Freedman, C.P.A. (Freedman), and Shaye Jacobson, C.P.A. (Jacobson), who were both also engaged by the Davenport partnership. Winer testified at the evidentiary hearing that he did not participate in the Davenport audit. During the entire audit, either Jacobson or Freedman or both of them handled the audit on behalf of Davenport as Davenport's attorneys in fact. Beginning on June 27, 1988, Winer and Davenport were represented by Gordon and/or Deborah Hack (Hack). Gordon testified at the evidentiary hearing at the request of respondent. Respondent also conducted TEFRA partnership audits of six additional Winer partnerships5 for their 1982 through 1985 taxable years. 5 The additional partnerships were: Dickinson, Hamilton, Masters, Pompano, Stevens, and Whitman Recycling Associates.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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