- 12 - close the case and issue a determination based on information already in its possession unless Mr. Burke submitted the information immediately. Appeals Officer Kaplan did not receive the requested information and closed the case file on October 29, 2003. C. The Original Notice of Determination On November 10, 2003, respondent’s Appeals Office issued petitioner a section 6330 determination (the original notice of determination), determining that all statutory administrative and procedural requirements had been met and that available information did not establish that an offer-in-compromise was a viable collection alternative. The original notice of determination did not purport to make a determination with respect to Barbara Drake. Petitioner timely petitioned this Court for judicial review of the original notice of determination. Both the petition and a subsequently filed amended petition named Gregory Drake, alone, as the petitioner, and Mr. Burke signed both documents on behalf of only Gregory Drake. Neither the petition nor the amended petition purported to be filed on behalf of Barbara Drake. IV. Drake I As discussed above, in Drake I, we held that the communication between Advisor Gordon and Settlement Officer O’Shea on January 30, 2002, constituted a prohibited ex partePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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