- 8 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011