Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 39

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          due to prior examinations.  Respondent also determined additions            
          to tax for delinquency, negligence, overvaluation, and                      
          substantial understatement of tax.                                          
               Although Winer testified that he did not contest any of the            
          adjustments in the notice of deficiency because "part of my                 
          settlement was that I wouldn't do that," on June 16, 1992,                  
          Winer's attorney, Richard Baron, filed a petition on behalf of              
          Winer.  The petition was docketed as Samuel L. Winer, Petitioner            
          v. Commissioner of Internal Revenue, Respondent, docket No.                 
          13308-92.  In the petition, Winer set forth numerous arguments              
          why respondent's adjustments were incorrect.  Counsel for                   
          respondent in Winer's personal income tax case was Attorney                 
          Howard P. Levine (Levine) of respondent's Jacksonville District             
          Counsel Office.                                                             
               Winer's personal income tax case was concluded by a                    
          stipulated settlement between Winer and the Office of Miami                 
          District Counsel.  A decision in the case was entered on May 23,            
          1994, which reflected deficiencies in tax and additions to tax in           
          excess of $1,200,000, not including additions to tax for                    
          negligence under section 6653(a)(2) and additional interest under           
          section 6621(c).                                                            
               In December 1995, Winer filed for personal bankruptcy.  At             
          the evidentiary hearing, Winer implied that his concession and              
          subsequent bankruptcy "[were] all part of a complicated scheme,             
          if you will, or arrangement with the IRS," and that the                     




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