Girish and Nalini G. Patel - Page 6

                                          6                                           
          conference where one is available or when a taxpayer fails to               
          file a written protest if one is required in order to obtain an             
          Appeals Office conference.  Sec. 301.7430-1(b)(1), Proced. &                
          Admin. Regs.  A taxpayer's failure to establish any one of the              
          requirements of section 7430 will preclude an award of costs.               
          Minahan v. Commissioner, 88 T.C. 492, 497 (1987).                           
               In this case, petitioners did not request an Appeals Office            
          conference after receiving the 30-day letter and did not file a             
          written protest.  Because petitioners failed to exhaust all                 
          administrative remedies available within the IRS, petitioners did           
          not comply with section 7430(b)(1).  Therefore, we need not                 
          address the issue of whether this claim for costs was reasonable.           
          Based on the record, we hold that petitioners are not entitled to           
          recover litigation costs because of their failure to comply with            
          the requirements of section 7430(b)(1).                                     
               To reflect the foregoing,                                              
                                                  An appropriate order and            
                                             decision will be entered.                
















Page:  Previous  1  2  3  4  5  6  

Last modified: May 25, 2011