Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 58

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          partners here voluntarily permitted Finkelman's petition and                
          apparent authority to exist, a situation that should not redound            
          to their own benefit and to respondent's detriment."  Id. at 367.           
               Participants in the instant case are in a situation similar            
          to that of the partners in Mishawaka.  During the Davenport audit           
          and subsequent proceedings, Winer was the only partner or person            
          who dealt regularly with respondent's agents, appeals officers,             
          and counsel, except for Gordon and Hack, who were chosen by Winer           
          as litigation counsel, and the accountants also chosen by Winer.            
          At all relevant times, Winer retained his position as the sole              
          general partner of Davenport.                                               
               Both Winer and his attorney, Gordon, held Winer out to                 
          respondent as TMP.  Respondent sent notices of FPAA's to Winer              
          and all of the notice partners of Davenport, including                      
          participants and DL & Associates.  When the petition was filed in           
          this case, Winer identified himself as the TMP of Davenport.  As            
          in Mishawaka, respondent treated the petition filed by Winer as             
          precluding assessment of deficiencies against the partners until            
          the partnership proceeding was concluded.  In addition, before              
          the filing of the petition, Winer had signed all of the                     
          partnership returns as general partner.                                     
               Winer chose accountants to handle the partnership audit and            
          hired attorneys to handle the partnership litigation.  Winer                
          provided the investors with:  (1) Tax information for the                   
          purposes of filing returns; (2) status reports regarding the                




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