- 13 - 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 mailedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011