- 41 - Inc. v. Commissioner, 62 T.C. 324, 327-328 (1974) (“we will not look into respondent’s alleged failure to issue a 30-day letter to the petitioners or to afford them a conference before the Appellate Division”). Lacking any legal authority to support his argument, petitioner argues that it would be unfair to require a taxpayer to exhaust his administrative remedies as a condition to being eligible to recover legal fees under section 7430 where the Commissioner fails to give the taxpayer the opportunity to pursue the administrative remedies. This concern is easily disposed of by reviewing the language of section 7430. Section 7430(b)(1) requires the taxpayer only to exhaust “the administrative remedies available to such party within the Internal Revenue Service.” (Emphasis added.) If the Commissioner does not provide an available administrative remedy, then the taxpayer’s rights are not impaired by the failure to pursue that remedy. In light of the overwhelming body of specific authority rejecting petitioner’s argument, the lack of any legal support for petitioner’s argument, and the lack of any genuine basis for seeking a change in the law, we hold that petitioner’s “Delpit” argument is frivolous and groundless within the meaning of section 6673(a)(1)(B).7 7By a parity of reasoning, as well as the lack of a specific provision in sec. 6673(a)(1) for imposition of a penalty against (continued...)Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: May 25, 2011