- 18 - The regulations under section 7430 provide limited exceptions (not applicable here) to the requirement that taxpayers participate in an Appeals Office conference in order to be treated as having exhausted available administrative remedies. Sec. 301.7430-1(e), Proced. & Admin. Regs.; sec. 301.7430-1(f), Examples (1), (4), (6), (9), Proced. & Admin. Regs.; see also Kaufman v. Egger, 758 F.2d 1, 3 (1st Cir. 1985); Burke v. Commissioner, T.C. Memo. 1997-127. The recently issued temporary regulations under the qualified offer provisions of section 7430(c)(4)(E) and (g) do not provide any additional exceptions to the exhaustion-of- administrative-remedies requirement. Sec. 301.7430-7T, Temporary Proced. & Admin. Regs., 66 Fed. Reg. 726 (Jan. 4, 2001). The legislative history of section 7430 suggests that in certain circumstances taxpayers may be relieved entirely from the exhaustion-of-administrative-remedies requirement. It states that taxpayers “are required to exhaust available administrative remedies unless the court determines that, under the circumstances of the case, such requirement is unnecessary.” H. Rept. 97-404, at 13 (1982); Senate Comm. on Finance, Technical Explanation of Committee Amendment, 127 Cong. Rec. 32070 (Dec. 16, 1981). Petitioners contend that, to the extent the above regulations make the requirement that taxpayers participate in an Appeals Office conference an absolute condition for an award ofPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011