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