- 22 - aforementioned documents, however, were at any time signed by Mr. Burke, Barbara Drake, Darren Drake, Gregory Drake, Jr., or petitioner. Petitioner and respondent each referenced the global settlement negotiations in the status reports that we ordered to be filed with this Court by January 6, 2006. Petitioner’s status report stated that “counsel have undertaken extensive negotiations to resolve the subject matter and believe that they have achieved a basis for settlement.” Respondent’s status report stated that the “parties have engaged in settlement negotiations in an attempt to resolve petitioner’s outstanding income tax liabilities. As of this date, the parties have not resolved the outstanding income tax liabilities but negotiations are on going.” In a letter to Mr. Burke dated January 13, 2006, Attorney Forbes stated as follows: “As of this date, the terms of the settlement have not been accepted by your client and related parties. * * * We are hereby withdrawing the proposed January 6, 2006 settlement unless Barbara Drake agrees to the vacatur of 12(...continued) “petitioner and respondent will resolve the liabilities that are the subject of this action in accordance with the terms of the December 20, 2005, letter from respondent to petitioner’s counsel, Timothy J. Burke.” The proposed waiver stated, inter alia, as follows: “In accordance with the December 20, 2005 letter from [Attorney Cardone to Mr. Burke] and pursuant to their agreement with the terms of that letter, Gregory Drake, Jr., and Darren Drake, hereby waive any and all claims * * *.”Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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