- 19 - Barbara Drake and petitioner for the years in issue (the global settlement).11 The parties first discussed such a global settlement in a telephone conference on December 16, 2005. In a letter to Attorney Cardone dated December 19, 2005, Mr. Burke stated: “It is my understanding that the Service has offered to resolve both Mr. Drake’s and Mrs. Drake’s matters in exchange for the Drake family’s foregoing all claims relative to the levy which has been made upon funds held by the Mr. and Mrs. Drake’s son(s).” In response to an apparent request by respondent that petitioner drop his motion for litigation costs and fees, Mr. Burke’s letter further stated that the award of litigation costs and fees is “a matter for the consideration by the Court and not a matter for negotiation.” In a letter to Mr. Burke dated December 20, 2005, Attorney Cardone stated that respondent would agree to take no further collection action against Barbara Drake and petitioner with respect to the years in issue upon the following terms: • Darren Drake and Gregory Drake, Jr., waive all rights to bring a claim against the United States under 26 U.S.C. sec. 7426(a). • Darren Drake and Gregory Drake, Jr., will provide whatever consents are necessary to allow Citigroup Smith Barney to liquidate the brokerage account that was the subject of the IRS levy and to turn the proceeds over to the IRS. Normal costs and 11The parties’ global settlement negotiations should be distinguished from petitioner’s offer-in-compromise, which pertains to the tax liabilities of petitioner alone.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011