Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 41

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               On May 15, 1989, respondent issued notices of FPAA7 to                 
          Davenport proposing adjustments to Davenport's 1982 through 1985            
          years.  In the FPAA's, respondent disallowed all deductions and             
          credits attributable to the Sentinel EPS recyclers.  Copies of              
          notices of FPAA issued to Davenport were mailed to all notice               
          partners of Davenport, including participants.                              
               When Winer received the notices of FPAA addressed to him as            
          TMP of Davenport, he gave them to Gordon and his accountant.                
          Subsequently, on June 9, 1989, Gordon filed a petition on behalf            
          of Winer, in the subject case, captioned Davenport Recycling                
          Associates, Sam Winer, Tax Matters Partner v. Commissioner,                 
          docket No. 12801-89.  Gordon's firm had been employed by Winer to           
          file the petition with this Court, and Gordon was aware that the            
          case caption read "Sam Winer, Tax Matters Partner".  At this                
          stage in the case, Winer spoke frequently with Gordon, and Winer            
          allegedly believes he told Gordon at some point prior to the                
          filing of the petition that he was "back in" as the TMP of                  
          Davenport.                                                                  
               In his petition to this Court, filed June 9, 1989, Winer               
          alleged:  "Petitioner is the Tax Matters Partner of the                     


          7    The notices of FPAA were issued to the following addresses:            
          (1) Mr. Samuel Winer, Tax Matters Partner, Davenport Recycling              
          Associates, 3109 Crystal Cay, Bellair Beach, FL 33535; (2) Mr.              
          Samuel Winer, Tax Matters Partner, Davenport Recycling                      
          Associates, P.O. Box 2929, Clearwater, FL 33517; and (3) Tax                
          Matters Partner, Davenport Recycling Associates, P.O. Box 2929,             
          Clearwater, FL 33517.                                                       





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