- 11 - Revenue Service. Sec. 7430(b)(1). In order to exhaust administrative remedies, section 301.7430-1(b)(2), Proced. & Admin. Regs., requires “participation” in an Appeals conference. The parties dispute whether petitioners’ representative “participated” in an Appeals conference within the meaning of the statute and regulations. The question of what constitutes “participation” under section 7430 is one of first impression in the context of an Appeals conference held prior to the issuance of a notice of deficiency. Section 7430(b)(1) contains the general requirement that “the court * * * [must decide] that the prevailing party has exhausted the administrative remedies available to such party within the Internal Revenue Service.” The Secretary has explained and interpreted the “exhaustion” requirement, as follows: Exhaustion of administrative remedies. (a) In general. Section 7430(b)(1) provides that a court shall not award reasonable litigation costs in any civil tax proceeding under section 7430(a) unless the court determines that the prevailing party has exhausted the administrative remedies available to the party within the Internal Revenue Service. This section sets forth the circumstances in which such administrative remedies shall be deemed to have been exhausted. (b) Requirements. (1) In general. A party has not exhausted the administrative remedies available within the Internal Revenue Service with respect to any tax matter for which an Appeals office conference is available under �� 601.105 and 601.106 of this chapter (other than a tax matter described in paragraph (c) of this section) unless–-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011