Paul McGowan - Page 7

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          section 7430(g).  Thus, petitioner’s offer is not a qualified               
          offer, because it fails to meet the requirements of section                 
          7430(g)(1)(C).  Accordingly, petitioner is not entitled to                  
          administrative or litigation costs.                                         
               Assuming arguendo that petitioner’s offer was a qualified              
          offer, petitioner, the prevailing party, would still not be                 
          entitled to recover any administrative and litigation costs.                
          With respect to administrative costs, taxpayers who make                    
          qualified offers, pursuant to section 7430(g), may recover only             
          reasonable administrative costs that are “incurred on and after             
          the date of such offer.”  Sec. 7430(c)(4)(E)(iii)(II).  In                  
          addition, all costs incurred after the filing of a petition are             
          considered litigation costs.  Sec. 301.7430-4(c)(3)(ii) and (4),            
          Example (2), Proced. & Admin. Regs.  Petitioner filed his                   
          petition in December of 2001 and made his offer to respondent in            
          June of 2003.  Thus, even if petitioner had made a qualified                
          offer, he would not be awarded any reasonable administrative                
          costs, because it was made after he filed his petition with the             
          Court.                                                                      
               In addition, petitioner would not be entitled to litigation            
          costs, because he failed to exhaust all administrative remedies.            
          Sec. 7430(b)(1).  Taxpayers cannot exhaust all administrative               
          remedies                                                                    
               unless-- (i) The party, prior to filing a petition in                  
               the  Tax Court * * * participates * * * in an Appeals                  





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