- 6 -
L. Winer (Mr. Winer). Clearwater was one of many Plastics
Recycling partnerships in which Mr. Winer was the general
partner. In this case, petitioner invested in RRA, and the
general partner was Richard Roberts (Mr. Roberts). Like Mr.
Winer, Mr. Roberts was the general partner in many Plastics
Recycling partnerships.2 In Greene v. Commissioner, T.C. Memo.
1997-296, the Court found that “The transactions involving the
Sentinel EPE recyclers leased by * * * [RRA] are substantially
identical to those in” Clearwater. Moreover, we have carefully
examined the private offering memorandum in RRA and do not find
that there is any meaningful difference between the structural
facts of the partnership set out in the offering memorandum and
the facts that this Court found in Provizer.
On July 27, 1998, respondent filed a Motion for Entry of
Decision. The gravamen of that motion is that petitioner is
bound by the closing agreement. In opposition to respondent’s
motion, petitioner alleges that (1) he was not afforded an
2 See, e.g., Ulanoff v. Commissioner, T.C. Memo. 1999-170
(Plymouth Equipment Associates and Taylor Recycling Associates);
Merino v. Commissioner, T.C. Memo. 1997-385 (Northeast Resource
Recovery Associates), affd. 196 F.3d 147 (3d Cir. 1999); Sann v.
Commissioner, T.C. Memo. 1997-259, affd. sub nom. Addington v.
Commissioner, 205 F.3d 54 (2d Cir. 2000) (Empire Associates,
Plymouth Equipment Associates, and Foam Recycling Associates);
Zenkel v. Commissioner, T.C Memo. 1996-398 (Phoenix Recycling
Group and Scarborough Leasing Associates (where Mr. Winer was
also a general partner)); Stone v. Commissioner, T.C. Memo. 1996-
230 (Northeast Resource Recovery Associates and Hyannis Recycling
Associates); Pace v. Commissioner, T.C. Memo. 1995-580 (Hyannis
Recycling Associates).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011