David J. Edwards - Page 41




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          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...)           





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