Gregory Drake - Page 31

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                  envelope.                                                                                
            On September 16, 2003, Appeals Officer Kaplan verbally reminded                                
            Attorney Burke that he had not received the information requested                              
            on July 2, 2003.  Finally, on October 27, 2003, Appeals Officer                                
            Kaplan informed Mr. Burke that information previously requested                                
            had not been received and that the Appeals Office would issue a                                
            determination based on information already in its possession                                   
            unless Mr. Burke submitted the information immediately.                                        
                  The record clearly demonstrates not only that petitioner                                 
            failed to submit a viable offer-in-compromise for the                                          
            consideration of respondent’s Appeals officer, but that                                        
            Settlement Officer O’Shea and Appeals Officer Kaplan repeatedly                                
            provided petitioner with the opportunity to submit an offer-in-                                
            compromise for consideration.  Based on the administrative                                     
            record, we hold that Settlement Officer O’Shea and Appeals                                     
            Officer Kaplan balanced the need for the efficient collection of                               
            taxes with concern that the collection action be no more                                       
            intrusive than necessary.                                                                      
            IV. Issues With Respect to the Supplemental Notice of                                          
                  Determination                                                                            
                  We now address the issues raised by petitioner with respect                              
            to the supplemental notice of determination.                                                   









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