Cinema '84, Richard M. Greenberg, Tax Matters Partner - Page 5

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          order dismissing Karin M. Locke for lack of jurisdiction in                 
          conformity with the Mandate of the Court of Appeals for the                 
          Second Circuit.  The decision of this Court became final on April           
          23, 2003.  See sec. 7481(a)(3)(B).                                          
               On December 9, 2003, a Motion for Leave to File Notice of              
          Election to Participate Out of Time (motion for leave) was filed            
          on behalf of movant.  The motion alleges that movant is a partner           
          in the Cinema ‘84 partnership and requests that he be appointed             
          the tax matters partner for the partnership.  With the motion,              
          movant lodged with the Court a motion to vacate order of                    
          dismissal and decision and a motion to be appointed tax matters             
          partner.                                                                    
               The raison d’�tre of movant’s motion for leave is to have              
          the Court vacate its decision entered September 1, 2000, that               
          sustained respondent’s determinations with regard to the taxable            
          years 1985, 1986, 1987, 1988, and 1989 of Cinema ‘84.  In                   
          resolving the question whether leave should be granted, we must             
          first decide whether the Court’s decision should be vacated.                
          That decision was entered September 1, 2000, and modified on                
          March 24, 2003, pursuant to the Mandate of the Court of Appeals             
          for the Second Circuit.  With respect to all the partners who had           
          not previously settled, with the exception of Karin M. Locke, the           
          Court’s decision was affirmed by the Court of Appeals for the               
          Second Circuit and is final.                                                






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