- 25 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Last modified: May 25, 2011