- 33 -                                         
               During the partnership audit proceedings, Winer signed Forms           
          872-P, Consent to Extend the Time to Assess Tax Attributable to             
          Items of a Partnership (hereinafter the consents), to extend the            
          period of limitations as TMP of Davenport under section                     
          6229(b)(1)(B).6  According to Winer, he signed the consents in              
          order to avoid immediate assessments' being made against the                
          investors.  Every time Winer received a request to sign a consent           
          to extend the statutory period of limitations he would call his             
          attorney or Gordon for advice.  Winer stopped signing the                   
          consents in late 1988, after one of his attorneys told him to               
          stop signing the consents in order to "wait and see what happens            
          in Tax Court."                                                              
          6    The dates of the extension forms signed by Winer were as               
          follows:                                                                    
                                   Taxable Year 1982                                  
               Signed by Winer       Signed by IRS     Extension Date                 
               10/08/85            10/30/85            12/31/87                       
               04/29/87            05/03/87            12/31/88                       
               11/19/87            12/10/87            12/31/89                       
                                   Taxable Year 1983                                  
               08/26/86            09/22/86            12/31/87                       
               04/29/87            05/03/87            12/31/88                       
               11/19/87            12/10/87            12/31/89                       
                                   Taxable Year 1984                                  
               09/29/87            10/06/87            12/31/88                       
               11/19/87            12/10/87            12/31/89                       
                                   Taxable Year 1985                                  
               11/01/88            11/03/88            12/31/89                       
Page:  Previous   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   NextLast modified: May 25, 2011