- 15 - prior to the filing of the petition, the taxpayer's counsel had not turned his back on any opportunity that was afforded him to present evidence to support the taxpayer's position. Counsel made both written and oral requests to meet with the Commissioner's agents, although these were to no avail. On these facts, we held that the taxpayer had exhausted her available administrative remedies. The instant case is also distinguishable from Phillips v. Commissioner, 88 T.C. 529 (1987), revd. 851 F.2d 1492 (D.C. Cir. 1988). In Phillips, the taxpayer failed to request consideration of his case by Appeals, despite the Commissioner's issuance of a preliminary notice informing him that he was entitled to administrative review. Nevertheless, we concluded that the taxpayer had exhausted his administrative remedies, because the issue in question did not arise until after the Commissioner had mailed the notice of deficiency.15 Thus, there was no possible opportunity for an administrative Appeals conference regarding that issue. Id. at 532. Subsequent to the docketing of the 14(...continued) statutory notice and the failure to receive such notice was not due to actions of the party * * *; and (ii) The party does not refuse to participate in an Appeals office conference while the case is in docketed status. 15The issue concerned the validity of a joint filing status election made on a return filed after the notice of deficiency for the same year had been mailed. See Phillips v. Commissioner, 86 T.C. 433, 434-435 (1986), affd. 851 F.2d 1492 (D.C. Cir. 1988).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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