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the letter. It states that, earlier that day, a report by
telephone had been made by Gilson to Frank Wheaton of the
morning’s telephone conversation between Gilson and Garofalo and
that Frank Wheaton had instructed Gilson to continue to settle
the matter. It also states that, consistent with the telephone
report and resulting instruction, correspondence accepting the
Government’s settlement proposal had been faxed simultaneously to
Garofalo and to Frank Wheaton. In addition, the November 6
letter to Wheaton states that Riley’s office will take the lead
in “an offer in compromise” and that it would be necessary for
Frank Wheaton to provide a list of assets to the IRS at some time
in the future.
At 3:30 p.m., on November 6, 1995, Gilson faxed a letter to
Garofalo (the November 6 response) accepting the revised
settlement proposal “as set forth in your revised offer of this
morning, November 6, 1995.” The November 6 response requests
that Garofalo advise the Court of the settlement in order to
avoid the necessity of appearing for trial on Wednesday,
November 8, 1995, in Philadelphia, Pennsylvania.
Garofalo informed the Court of the settlement. By order
dated November 6, 1995, upon information that the parties had
reached a basis for settlement, the Court struck the 1993
docketed cases from the November 8, 1995, Philadelphia,
Pennsylvania, special trial session and ordered the parties to
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