John J. Burke and Vivian Burke - Page 17

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            petitioner and her representatives originally come forward at the                            
            administrative Appeals conference, offered in May 1992, with the                             
            relevant facts to demonstrate that she had not filed joint                                   
            returns for the years in issue, we have every reason to believe                              
            that her case could have been resolved without the need for this                             
            litigation.16                                                                                
                  We hold that petitioner did not exhaust her administrative                             
            remedies, since she failed to request an Appeals office                                      
            conference which was offered by respondent in the 30-day letter.                             
            Kenlin Indus., Inc. v. United States, 927 F.2d 782, 788 (4th Cir.                            
            1991); see also Minahan v. Commissioner, 88 T.C. 492, 508 (1987).                            
            Therefore, petitioner is not entitled to an award of reasonable                              
            litigation costs.  As a result of our disposition, we express no                             
            opinion as to whether any of the remaining requirements of                                   
            section 7430 have been satisfied.                                                            

            An appropriate order                                                                         
                                                                                                        
            will be issued.                                                                              








                  16Even an Appeals conference regarding petitioner's initial                            
            position that she was an innocent spouse would have had to                                   
            explore the issues of whether the 1985, 1986, and 1987 returns                               
            were joint returns, petitioner's involvement in their                                        
            preparation, and her involvement in and knowledge of the                                     
            underlying transactions.                                                                     



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