Gregory Drake - Page 12

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          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 parte               






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