Gregory Drake - Page 4

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          1995, and 1997 tax years.  The notice asserted an unpaid tax of             
          $121,478.17 and penalties and interest of $88,607.27.  Pursuant             
          to a power of attorney, Timothy J. Burke (Mr. Burke) submitted a            
          timely Form 12153, Request for a Collection Due Process Hearing,            
          on behalf of Barbara Drake and petitioner.  Subsequently, on                
          behalf of Barbara Drake, Mr. Burke submitted a Form 8857, Request           
          for Innocent Spouse Relief, with respect to each of the years in            
          dispute.                                                                    
               Settlement Officer Eugene O’Shea was assigned to conduct the           
          requested section 6330 hearing, and he determined from Internal             
          Revenue Service records that petitioner had previously filed for            
          bankruptcy protection.  On January 30, 2002, prior to the section           
          6330 hearing, Settlement Officer O’Shea conferred with Advisor              
          Sid Gordon of the Internal Revenue Service Insolvency Unit                  
          regarding the bankruptcy case and requested related                         
          documentation.  On the same date, Advisor Gordon faxed to                   
          Settlement Officer O’Shea a copy of Advisor Gordon’s prior                  
          memorandum to respondent’s counsel Louise R. Forbes (Attorney               
          Forbes).5  In the memorandum, dated October 5, 1999, Advisor                
          Gordon stated that proceeds from the prior sale of the three                
          properties subject to Federal tax liens had been distributed to             
          Barbara Drake and petitioner, that the proceeds should have been            


               5Louise R. Forbes, senior attorney in respondent’s Office of           
          Chief Counsel, represents respondent in the instant case.                   





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