Haas & Associates Accountancy Corporation - Page 17



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          available administrative remedies where the taxpayers fail to               
          participate in a conference with respondent’s Appeals Office                
          regarding the underlying substantive tax adjustments.  The                  
          portions of respondent’s regulations under section 7430 that                
          establish this requirement generally to participate in an Appeals           
          Office conference are set forth below:                                      

                    Sec. 301.7430-1.  Exhaustion of administrative                    
               remedies.–-(a) In general.  Section 7430(b)(1) provides                
               that a court shall not award reasonable litigation                     
               costs in any civil tax proceeding under section 7430(a)                
               unless the court determines that the prevailing party                  
               has exhausted the administrative remedies available to                 
               the party within the Internal Revenue Service.  This                   
               section sets forth the circumstances in which such                     
               administrative remedies shall be deemed to have been                   
               exhausted.                                                             
                    (b) Requirements.--(1) In general.  A party has                   
               not exhausted the administrative remedies available                    
               within the Internal Revenue Service with respect to any                
               tax matter for which an Appeals office conference is                   
               available under sections 601.105 and 601.106 of this                   
               chapter * * * unless--                                                 
                         (i) The party, prior to filing a petition in                 
               the Tax Court or a civil action for refund in a court                  
               of the United States * * * participates * * * in an                    
               Appeals office conference; or                                          
                         (ii) If no Appeals office conference is                      
               granted, the party, prior to the issuance of a                         
               statutory notice * * *                                                 
                              (A) Requests an Appeals office                          
               conference in accordance with sections 601.105 and                     
               601.106 of this chapter; and                                           
                              (B) Files a written protest if a written                
               protest is required to obtain an Appeals office                        
               conference.  [Emphasis added.]                                         







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