- 12 - (i) The party, prior to filing a petition in the Tax Court or a civil action for refund in a court of the United States (including the Court of Federal Claims), participates, either in person or through a qualified representative described in � 601.502 of this chapter, in an Appeals office conference; or * * * * * * * (2) Participates. For purposes of this section, a party or qualified representative of the party * * * participates in an Appeals office conference if the party or qualified representative discloses to the Appeals office all relevant information regarding the party’s tax matter to the extent such information and its relevance were known or should have been known to the party or qualified representative at the time of such conference. [Emphasis supplied.] Sec. 301.7430-1(a) and (b), Proced. & Admin. Regs. In this case, the question of whether petitioners’ administrative remedies were exhausted depends upon whether they “participated” in an Appeals conference. In common parlance, petitioners, through their representatives, participated in an Appeals office conference.9 Respondent, however, relying on the above-quoted definition of “participates” in section 301.7430- 1(b)(2), Proced. & Admin. Regs., contends that petitioners did not exhaust their administrative remedies. Therefore, the narrower question we must decide is whether petitioners disclosed “to the Appeals office all relevant information * * * to the 9 The term “participate” generally means to take part in some activity with others. Webster’s Third New International Dictionary 1646 (1986).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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