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DRAKE v. C.I.R.

No. 06-2507.

511 F.3d 65 (2007)

Gregory DRAKE, Petitioner, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 20, 2007.

Attorney(s) appearing for the Case

Timothy J. Burke with whom Burke & Associates was on brief for petitioner, appellant.

Rachel I. Wollitzer, Tax Division, Department of Justice, with whom Eileen J. O'Connor, Assistant Attorney General, and Kenneth L. Greene, Tax Division, Department of Justice, were on brief for respondent, appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SCHWARZER, Senior District Judge.

BOUDIN, Chief Judge.

Gregory Drake's decade-long battle with the IRS is recounted in rich detail in the Tax Court's decision. Drake v. Comm'r, 92 T.C.M. (CCH) 37 (2006) ("Drake II"). The present phase began when the IRS Appeals Office on November 10, 2003, upheld an IRS proposed tax levy. On appeal, the Tax Court remanded, finding that Drake's initial hearing was tainted by improper ex parte communications between...

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