Specialty Transport & Delivery Services, Inc. - Page 23




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               Section 530(e)(1) provides that the Internal Revenue Service           
          “shall, before or at the commencement of any audit inquiry                  
          relating to the employment status of one or more individuals who            
          perform services for the taxpayer, provide the taxpayer with a              
          written notice of the provisions of this section.”  Small                   
          Business Job Protection Act of 1996 sec. 1122(a), 110 Stat. 1766.           
          On brief, petitioner alleges that it learned of the existence of            
          Section 530 only through the June 8, 2001, notice of                        
          determination, which postdated by a substantial margin the                  
          commencement on July 2, 1999, of the underlying employment tax              
          audit.  Petitioner then states:                                             
               The inaction of Respondent in not providing Petitioner                 
               with the required Sect. 530(e)(1) notice constitutes a                 
               serious Constitutional violation of Petitioner’s right                 
               to due process, and Petitioner moves this Court to                     
               allow it to recover its legal fees, since the conduct                  
               of Respondent is so egregious against the Petitioner.                  
               To the extent that petitioner’s due process contentions take           
          the form of a claim for litigation or administrative costs and              
          fees under section 7430, such claim is premature.  Rule                     
          231(a)(2), as pertinent here, specifies that the appropriate time           
          to seek recovery of legal costs follows service of a written                
          opinion.  See McWilliams v. Commissioner, 104 T.C. 320, 327                 
          (1995); Groetzinger v. Commissioner, 87 T.C. 533, 548 (1986).               
               Furthermore, even if petitioner’s allegations might be read            
          as a plea encompassing other remedies, petitioner has failed to             
          show that its situation satisfies the prerequisites for relief              





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