Gregory Drake - Page 39

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            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 petitioner                                






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