Gregory Drake - Page 42

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            the instant case, during the conference between Mr. Burke and                                  
            Appeals Officer Kramer on November 4, 2005, Mr. Burke was asked                                
            to submit additional documents needed for the evaluation of                                    
            petitioner’s offer-in-compromise by November 14, 2005.                                         
            Petitioner neither disputes that such a request was made nor                                   
            contends that such documents were in fact submitted in response                                
            to the request.                                                                                
                  Based on the administrative record in the instant case, we                               
            are unable to conclude that the global settlement negotiations                                 
            affected the document request as alleged by petitioner.  More                                  
            than 4 months elapsed from the date of the document request until                              
            the issuance of the supplemental notice of determination, and                                  
            Appeals Officer Kramer was not required to make further requests.                              
            We conclude that the record demonstrates that Appeals Officer                                  
            Kramer’s rejection of the offer-in-compromise was not an abuse of                              
            discretion.27                                                                                  

                  26(...continued)                                                                         
            provides that the IRS may return the offer to the taxpayer.                                    
                  27Petitioner alleges that he received from respondent a                                  
            letter dated Jan. 19, 2006, which stated:  “If your offer in                                   
            compromise requires further actions, the Appeals employee will                                 
            set a deadline for completion.  These actions can include adding                               
            periods of liability or providing more financial information.  If                              
            the deadline is not met, your offer in compromise will be                                      
            returned.”  Because respondent had already requested further                                   
            financial information as of the date of the alleged letter, such                               
            language appears to be surplusage.  Nonetheless, petitioner had                                
            been provided ample opportunity to submit the requested documents                              
            prior to Jan. 19, 2006, and petitioner could have but apparently                               
                                                                            (continued...)                 





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