Robert Lloyd - Page 13




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          Court, he participates in an Appeals Office conference or at                  
          least requests such a conference and files a written protest if               
          one is required in order to obtain an Appeals Office conference.              
          See sec. 301.7430-1(b)(1), Proced. & Admin. Regs.                             
               On May 29, 1996, respondent sent a 30-day letter regarding               
          petitioner’s 1993 and 1994 tax years to both the Atherton and                 
          Millbrae addresses.  The 30-day letter indicated that petitioner              
          could request an Appeals Office conference.  Petitioner failed to             
          respond to this letter.                                                       
               Petitioner attempts to excuse this failure by relying upon               
          section 301.7430-1(e), Proced. & Admin. Regs.  Under this                     
          regulation, a party is deemed to have exhausted his                           
          administrative remedies if the party did not receive the notice               
          of proposed deficiency (30-day letter) prior to the issuance of               
          the statutory notice and the failure to receive such notice was               
          not due to actions of the party (such as a failure to supply                  
          requested information or a current mailing address to the                     
          District Director or service center having jurisdiction over the              
          tax matter) and the party does not refuse to participate in an                
          Appeals conference while the case is in docketed status.  See                 
          sec. 301.7430-1(e)(2), Proced. & Admin. Regs.                                 
               Petitioner’s reliance on the regulation is misplaced because             
          petitioner’s own actions contributed to his failure to receive                
          the 30-day letter.  On September 25, 1995, petitioner mailed                  






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