- 5 - Carriger stated to Mr. Stientjes that “[w]e have a settlement.” Petitioners also allege that during a March 2, 2006, telephone conversation, Mr. Carriger admitted that he had accepted petitioners’ settlement offer. Petitioners also admit that before the March 2 conversation, Mr. Carriger advised Mr. Stientjes, in a telephone message, that respondent intended to raise a new issue. Petitioners also contend that Mr. Carriger attempted, during the March 2, conversation, “to retract his admissions and claimed that he did not unequivocally accept the settlement offer during the February 21, 2006 teleconference.” Respondent, on the other hand, contends that, at the time of the February 21 conversation, Mr. Carriger was “aware that Appeals Officer Gonzalez had nearly completed her review of the documentation submitted for the cash contributions and that a settlement seemed likely.” Respondent also alleges that Mr. Carriger was “unaware of the January 6, 2006 offer letter and of the details of what a settlement might be.” With those premises, respondent contends that Mr. Carriger, during the February 21 conversations, “reported to * * * [Attorney] Stientjes that ‘settlement was looking good.’” In essence, respondent’s position is that Attorney Carriger “had no basis to reach a meeting of the minds on the matter as he had not reviewed the documentation submitted.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011