Leatherstocking 1983 Partnership, Sam I. Brown, A Partner Other Than The Tax Matters Partner - Page 13

                                        -13-                                          
          obtain those consents but obtained them from Steele by contacting           
          Leatherstocking’s authorized representatives.  Kerzner did not              
          threaten Steele or offer him any incentive to agree to the                  
          consents.                                                                   
               Respondent resumed his audit of Leatherstocking in January             
          1994.  At that time, respondent assigned the audit to Revenue               
          Agent Robert Clements (Clements).  Respondent also assigned to              
          Clements the audits of the other entities related to                        
          Leatherstocking.  Kerzner was not assigned those audits because             
          he had worked on the grand jury case involving Steele.                      
               During his audit of Leatherstocking, Clements did not                  
          personally speak with or meet with Steele, who was then in                  
          prison, but primarily corresponded with Steele by mail.  In                 
          obtaining the consents that Steele signed after January 1994,               
          Kerzner did not threaten Steele or offer him any incentive to               
          agree to the consents.  Nor did Clements ever ask the limited               
          partners of Leatherstocking to sign consents individually.                  
          Clements never had any contact with the Leatherstocking limited             
          partners regarding the audit of Leatherstocking.                            
               On September 16, 1997, respondent issued the FPAAs for the             
          subject years.  Respondent never issued to Steele written                   
          notification that his partnership items would be treated as                 
          nonpartnership items.  Respondent never issued to Steele written            
          notification that he was under criminal investigation.                      






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