Harbor Cove Marina Partners Partnership, Robert A. Collins, A Partner Other Than The Tax Matters Partner - Page 4

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          (lawsuit) against HCMP’s managing general partner and others.               
          The lawsuit, which is currently before the California Court of              
          Appeal for the Fourth Appellate District (court of appeal), seeks           
          enforcement of a provision in HCMP’s partnership agreement (and a           
          directive of the court of appeal) that requires that HCMP sell              
          its assets in the public market rather than distribute those                
          assets to its managing general partner (or to an affiliate of               
          that partner), as was done at the time of HCMP’s reported                   
               Collins sets forth in his petition to this Court certain               
          allegations of error which he did not address on brief.  We                 
          consider those allegations to be conceded.  We are left to decide           
          whether HCMP terminated during 1998.  We hold it did not.2                  
               The facts in this background section are obtained from the             
          parties’ stipulation of facts, the exhibits submitted therewith,            
          and the pleadings.  HCMP is a general partnership whose principal           
          place of business was in San Diego, California, when Collins’s              
          petition to this Court was filed.                                           

               2 The parties also dispute whether Collins correctly                   
          reported the other three “inconsistent positions” listed in his             
          Form 8082.  We believe that we need not decide this dispute,                
          given our holding that HCMP was not terminated during 1998.  If             
          either party disagrees, he should bring this to our attention               
          during the parties’ discussion of the computations to be                    
          submitted to the Court under Rule 155.                                      

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