Phillip Lee Allen and Carolyn F. Allen - Page 11




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          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–-                                                   





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