- 59 - Davenport recycling machines; (3) information regarding the original injunction proceedings involving PI; (4) particularly notice that a petition had been filed in the Davenport Recycling case and other partnership cases; and (5) progress reports regarding the Provizer trial and appeal. Participants and the other limited partners received this information from Winer and were aware that he was taking charge of the Davenport Recycling litigation. Participants did not question his authority as TMP until after they were assessed by respondent. "'Deficiencies ex post do not detract from authority ex ante.'" DiSanza v. Commissioner, T.C. Memo. 1993-142 (quoting Slavin v. Commissioner, 932 F.2d 598, 601 (7th Cir. 1991), revg. and remanding T.C. Memo. 1990-44), affd. without published opinion, 9 F.3d 1538 (2d Cir. 1993). In addition, Winer assisted Gordon and Hack by providing information to them so they could respond to respondent's discovery requests. The evidence clearly indicates that all the limited partners, including Karras, were aware that Winer had filed a petition in this Court and intended to represent the limited partners in the subsequent litigation. During the evidentiary hearing on this matter, Karras testified that he received the FPAA's in time to file a petition in this Court but chose not to because he knew that Winer had filed a petition in this case. Furthermore, Karras had received a notice that Winer had filed a petition on behalf of Davenport in the capacity of TMP.Page: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
Last modified: May 25, 2011