Paul McGowan - Page 8

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               office conference; or (ii) If no Appeals office                        
               conference is granted, the party, prior to the issuance                
               of a [notice of deficiency,] * * * Requests an Appeals                 
               office conference * * * and Files a written protest if                 
               a written protest is required to obtain an Appeals                     
               office conference.                                                     
          Sec. 301.7430-1(b)(1) and (g), Example (11), Proced. & Admin.               
          Regs.  Respondent issued a 30-day letter, which notified                    
          petitioner of his right to have a conference with the Office of             
          Appeals.  Petitioner, however, failed to contest the 30-day                 
          letter, respond within 30 days or the 30-day extension, and did             
          not participate in an appellate conference prior to the filing of           
          his petition.  Petitioner did request an appellate conference,              
          but he requested it after respondent issued the notice of                   
          deficiency.  Furthermore, petitioner does not satisfy, pursuant             
          to section 301.7430-1(f), Proced. & Admin. Regs., any exceptions            
          to the requirement that taxpayers must pursue administrative                
          remedies (e.g., respondent notifies taxpayer that pursuit of                
          administrative remedies is unnecessary).  Thus, petitioner failed           
          to exhaust all administrative remedies.  Accordingly, even if               
          petitioner had made a qualified offer, he would not be entitled             
          to an award of administrative or litigation costs.                          
               Contentions we have not addressed are irrelevant, moot, or             
          meritless.                                                                  
               To reflect the foregoing,                                              








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