Gee there is something more powerful than getting the answer than actually asking the question. Makes you think outside the box. I opened both original report and new report in Notepad++ to see if there was any obvious changes in the .rdl (xml) and I noticed a couple of things the Report Header was different due to change of Project TargetServerVersion set to "SQL Server 2016 or later" and the other more interesting or if you prefer bizarre settings was the second dataset had both a parameter and filter same as the parameter but this is a legacy report as been around for decades. Anyhow I removed the filter, and the report started working, no longer are there #Error's!!! I got nothing else to say!
ok one more thing @#$%^&*