Gregory Drake - Page 21

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          Attorney Cardone that Barbara Drake and petitioner accepted the             
          settlement terms.  In a letter to Mr. Burke on that date,                   
          Attorney Cardone stated as follows:                                         
               Dear Attorney Burke:                                                   
                    Pursuant to our conversation of this date, we are                 
               enclosing the original and two copies of a Decision                    
               document in the [instant] case.  The original and one                  
               copy should be signed, dated, and returned to this                     
               office for filing with the Tax Court.  The third copy                  
               is for your records.                                                   
                    We are enclosing a release for Gregory Drake Jr.                  
               and Darren Drake.  Please review the document.  The                    
               release should be signed and dated and returned to this                
               office.                                                                
                    We are also enclosing facsimile memorandums from                  
               Gregory Drake, Jr. and Darren Drake to Smith Barney.                   
               Gregory Drake, Jr. and Darren Drake need to execute the                
               appropriate memorandum and fax to Smith Barney.                        
          With the letter, Mr. Cardone sent the following documents to Mr.            
          Burke:  (1) A proposed stipulated decision with respect to the              
          instant case (the proposed stipulated decision); (2) a waiver of            
          any claims of Darren Drake and Gregory Drake, Jr., against the              
          United States pursuant to section 7426(a) (the proposed waiver);            
          and (3) a memorandum from each of Darren Drake and Gregory Drake,           
          Jr., authorizing Citigroup to liquidate by sale all assets in               
          their joint brokerage account containing the 1997 bankruptcy sale           
          proceeds.  Both the proposed stipulated decision and the proposed           
          waiver referenced the settlement terms.12  None of the                      

               12The proposed stipulated decision stated, inter alia, that            
                                                             (continued...)           





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