Haas & Associates Accountancy Corporation - Page 20



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          requirement of sec. 7430(c)(4)(B)); and Barbour v. Commissioner,            
          T.C. Memo. 2000-256; Marten v. Commissioner, T.C. Memo. 2000-186;           
          Johnson v. Commissioner, T.C. Memo. 1999-127; Miller v.                     
          Commissioner, T.C. Memo. 1999-55; Bowden v. Commissioner, T.C.              
          Memo. 1999-30 (each of which involves the “substantially                    
          prevailed” requirement); and Barford v. Commissioner, T.C. Memo.            
          1998-26 (involving the net worth requirement of sec.                        
          7430(c)(4)(A)(ii)).                                                         
               Petitioners contend that submission of their qualified offer           
          itself constituted a part of respondent’s administrative process,           
          that their qualified offer demonstrates their good-faith                    
          participation in that process, and that at the least with respect           
          to the $39,648 in litigation costs incurred after the date on               
          which they submitted their qualified offer, their earlier failure           
          to ask for an Appeals Office conference should not be fatal.                
               Petitioners have cited no persuasive authority in support of           
          the contention that the existence of their qualified offer makes            
          up for their failure to take advantage of significant                       
          administrative remedies available to them, and we have found                
          nothing in the statutory provisions or elsewhere that suggests              
          that the exhaustion-of-administrative-remedies requirement is to            
          be regarded as fully satisfied because a taxpayer, 6 weeks before           
          trial, makes a qualified offer.                                             
               Regardless of whether petitioners’ qualified offer may be              
          regarded as some level of participation by petitioners in                   





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