Gregory Drake - Page 7

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               On January 17, 2003, the section 6330 matter was transferred           
          from Settlement Officer O’Shea to Appeals Officer Kaplan,7 who              
          subsequently advised Mr. Burke that no offer-in-compromise was              
          presently before the Appeals Office, as no original offer-in-               
          compromise had been submitted for consideration and the amended             
          offer-in-compromise had been returned to Mr. Burke.  Appeals                
          Officer Kaplan informed Mr. Burke that any offer-in-compromise              
          should be larger than the $5,500 amount of the amended offer-in-            
          compromise submitted on September 4, 2002.  Appeals Officer                 
          Kaplan also noted that the former residence of Barbara Drake and            
          petitioner was now owned by their son and that the transfer                 
          appeared questionable.                                                      
               In a conversation on June 16, 2003, Mr. Burke informed                 
          Appeals Officer Kaplan that Darren Drake, the son of Barbara                
          Drake and petitioner, had foreclosed upon and bought petitioner’s           
          house.  Appeals Officer Kaplan requested documentation related to           
          the foreclosure and transfer.                                               
               In a letter dated July 2, 2003, Appeals Officer Kaplan                 
          informed Mr. Burke that he would proceed with the section 6330              
          determination against Barbara Drake and petitioner.  The letter             
          made the following request, reproduced verbatim, for the                    
          production of documents:                                                    


               7As noted above, Appeals Officer Kaplan had been assigned to           
          Barbara Drake’s innocent spouse relief appeal.                              



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