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