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In response to the March 19 letter, Mr. Burke telephoned Ms.
Boudreau on April 1, 2003, and agreed to amend the offer in
compromise by April 18, 2003. No amended offer was received by
that date. On April 25, 2003, Mr. Burke telephoned Ms. Boudreau
and reported that petitioner was in the hospital. He also told
Ms. Boudreau that, no later than April 29, 2003, he would submit
a copy of petitioner’s 2002 Federal income tax return (the 2002
return), which had become due and was necessary to process any
offer in compromise.
April 29, 2003, passed without Ms. Boudreau’s receiving
either the 2002 return or an amended offer in compromise. On
Thursday, May 1, 2003, she called Mr. Burke and left a voice
message directing him to return her call on Monday, May 5, 2003.
Mr. Burke called as requested. He reported that petitioner was
out of the hospital, although he remained ill and continued to
prohibit Mr. Burke from disclosing the nature of his illness.
Mr. Burke also reported that he would meet with petitioner later
that week and contact Ms. Boudreau by May 9, 2003.
Neither Mr. Burke nor petitioner contacted Ms. Boudreau by
May 9, 2003.
On May 12, 2003, Ms. Boudreau noted in her case activity
record that the deadline set for May 9, 2003, as well as previous
deadlines, had been missed. She also noted that no viable
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