Dorchester Industries Incorporated, et al. - Page 10

                                       - 10 -                                         
               On the morning of November 6, 1995, after speaking with                
          Frank Wheaton, Gilson spoke by telephone with Garofalo, who                 
          rejected the 75-percent counteroffer.  Garofalo then told Gilson            
          of certain minor changes to the Government’s proposed settlement            
          figures.  Gilson made a note of those numbers.  Gilson informed             
          Garofalo that the Government’s proposals were acceptable.  At               
          some point during the morning of November 6, 1995, Garofalo or              
          his secretary transmitted by facsimile, and Gilson received, a              
          letter (the November 6 letter), which made the changes to the               
          Government’s proposed settlement figures that had previously been           
          communicated by Garofalo to Gilson by telephone and that reduced            
          the settlement amount slightly.  The November 6 letter was signed           
          by Patrick E. Whelan, Assistant District Counsel for the IRS.               
          The November 6 letter required a response by 1:00 p.m.  Also at             
          some point during the morning of November 6, 1995, Garofalo, by             
          telephone, informed Gilson that (1) in light of Gilson’s                    
          statement that the Government’s proposals were acceptable, he               
          need not worry about the 1:00 p.m., deadline and (2) he should              
          get his written response to Garofalo as soon as possible.                   
               Later, on November 6, 1995, Gilson faxed to Frank Wheaton a            
          letter (the November 6 letter to Wheaton) that begins:  “This               
          letter will confirm the authority given to us to resolve the                
          pending United States Tax Court matters involving calendar years            
          1979 through 1990."  The November 6 letter to Wheaton then                  
          summarizes the events and discussions of the few days prior to              




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011