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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.
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