John J. Burke and Vivian Burke - Page 9

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            reasonable litigation costs.  To obtain such an award, the                                   
            prevailing party must establish that:  (1) She has exhausted the                             
            administrative remedies available; (2) she has "substantially                                
            prevailed" in the controversy; (3) she satisfies certain net                                 
            worth requirements; (4) the position of the United States in the                             
            proceeding was not substantially justified; (5) she has not                                  
            unreasonably protracted the proceedings; and (6) the amount of                               
            the costs sought is reasonable.  Sec. 7430(b) and (c).                                       
            Petitioner bears the burden of proving that she satisfies each of                            
            these requirements.  Rule 232(e).6                                                           
                  Respondent concedes that petitioner has substantially                                  
            prevailed and that she satisfies the net worth requirements.                                 

            Exhaustion of Administrative Remedies                                                        

                  The threshold requirement imposed on a taxpayer asserting a                            
            claim pursuant to section 7430 is the exhaustion of                                          
            administrative remedies before suit is filed.  Section 301.7430-                             
            1(b)(1), Proced. & Admin. Regs., provides that where an Appeals                              
            Office conference is available, administrative remedies are                                  
            exhausted only if the taxpayer (1) participated7 in such a                                   

                  6In the Taxpayer Bill of Rights 2, Pub. L. 104-168, sec.                               
            701(b), 110 Stat. 1452, 1463 (1996), sec. 7430(c)(4) was amended                             
            to require the Government to establish that its position was                                 
            substantially justified.  This amendment is effective for                                    
            proceedings commenced after July 30, 1996.                                                   
                  7A taxpayer or her representative "participates" in an                                 
            Appeals conference "if the party or qualified representative                                 
                                                                           (continued...)                



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