Haas & Associates Accountancy Corporation - Page 25



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          exhaustion-of-administrative-remedies requirement of section                
          7430, if counsel wish to preserve the opportunity to seek a                 
          recovery of litigation costs, continued use of this strategy                
          carries with it its own new risks evident in the instant cases.             
               We note that under section 7430(b)(1) it is provided that a            
          taxpayer’s failure to agree to an extension of the assessment               
          period of limitations is not to be taken into account for                   
          purposes of determining whether a taxpayer exhausted available              
          administrative remedies, and we have not done so in these cases.            
               On the record before us, we conclude that petitioners have             
          not satisfied the exhaustion-of-administrative-remedies                     
          requirement of section 7430(b)(1).  Accordingly, regardless of              
          whether petitioners satisfy the other requirements of section               
          7430 and regardless of petitioners’ qualified offer, petitioners            
          do not qualify herein for an award of litigation costs and fees.            

                                        Appropriate orders will be                    
                                   issued.                                            



















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Last modified: May 25, 2011