- 39 - 2006, was late and therefore ineffective. Although the parties appear to have neared a settlement agreement during the conference on January 6, 2006, the parties’ subsequent actions demonstrate that such an agreement was never completed. (1) Although Attorney Cardone sent to Mr. Burke the proposed stipulated decision and the proposed waiver, each referencing the settlement terms outlined in Attorney Cardone’s letter to Mr. Burke dated December 20, 2005, the documents were never signed. (2) The status report filed with this Court by petitioner in January of 2006 stated that “counsel have undertaken extensive negotiations to resolve the subject matter and believe that they have achieved a basis for settlement” but did not state that the parties had completed the settlement agreement on January 6, 2006, as petitioner now claims. (3) The status report filed with this Court by respondent in January of 2006 stated that “the parties have not resolved the outstanding income tax liabilities but negotiations are on going.” (4) Neither petitioner nor respondent at any time filed with this Court a stipulated decision or a related motion for entry of decision. (5) Although the settlement terms purport to resolve Barbara Drake’s section 6015 claim, Barbara Drake’s “Motion to Request the Determination of a Tax Liability” remained pending before the bankruptcy court until that court issued its opinion on January 11, 2006, subsequent to the date on which petitionerPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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