Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 32

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          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.                



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