Gregory Drake - Page 16

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          6015.8  Id. at 160.  Consequently, rather than deciding Barbara             
          Drake’s section 6015 request, the bankruptcy court decided that             
          the “interests of justice are better served by allowing * * *               
          [Barbara Drake’s] appeal to proceed at the IRS.”  Id.  On May 16,           
          2006, the bankruptcy court denied a motion for reconsideration              
          filed by the United States.  On May 30, 2006, the United States             
          filed a Notice of Appeal to the U.S. District Court for the                 
          District of Massachusetts.                                                  
          VIII. The Section 6330 Hearing on Remand                                    
               On October 17, 2005, in accordance with our holding in Drake           
          I, we ordered respondent to offer petitioner a new section 6330             
          hearing with an independent Appeals officer on a date no later              
          than November 10, 2005.  In addition, we ordered the parties to             
          each file with the Court a status report no later than January 6,           
          2006.                                                                       
          A.   Proceedings Before Appeals Officer Kramer                              
               On behalf of petitioner, Mr. Burke met with Appeals Officer            
          Linda Kramer at the IRS Appeals Office in Boston, Massachusetts,            
          on November 4, 2005.  Appeals Officer Kramer had no prior                   
          involvement with petitioner and had received no communication               
          relating to the credibility of petitioner or petitioner’s                   


               8In addition, the bankruptcy court noted that there were no            
          assets to be administered and the property subject to the IRS               
          lien was no longer the property of the bankruptcy estate.  In re            
          Drake, 336 Bankr. at 160.                                                   





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