Gregory Drake - Page 30

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            petitioner’s legitimate concern that the collection action be no                               
            more intrusive than necessary.                                                                 
                  The record does not support petitioner’s contention.                                     
            Although petitioner completed an offer-in-compromise form, Mr.                                 
            Burke did not submit the form to Settlement Officer O’Shea for                                 
            consideration during their meeting on January 30, 2002, or at any                              
            time thereafter.  Petitioner concedes that the parties informally                              
            suspended consideration of any offer-in-compromise pending a                                   
            determination of Barbara Drake’s request for section 6015 relief.                              
            On September 4, 2002, subsequent to respondent’s denial of                                     
            section 6015 relief to Barbara Drake, petitioner submitted an                                  
            “amended” offer-in-compromise.  In a letter dated September 4,                                 
            2002, Settlement Officer O’Shea informed Mr. Burke that no                                     
            original offer-in-compromise had been submitted for                                            
            consideration, and he returned the amended offer-in-compromise to                              
            Mr. Burke.  Petitioner concedes that the reason for returning the                              
            amended offer-in-compromise was to avoid any administrative                                    
            confusion.  On April 10, 2003, Appeals Officer Kaplan informed                                 
            Mr. Burke that no offer-in-compromise was presently before the                                 
            Appeals Office.  A letter from Appeals Officer Kaplan to Mr.                                   
            Burke dated July 2, 2003, stated as follows:                                                   
                         I have enclosed several collection information                                    
                  statements and the Offer in Compromise Questionnaire.                                    
                  If the taxpayers’ intent is to submit an Offer in                                        
                  Compromise as an alternative collection resolution to                                    
                  their case, please submit this document at this time.                                    
                  I have included the Offer in Compromise packet in this                                   





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