Susanne Shaw - Page 10

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          having exhausted available administrative remedies.  Sec.                   
          301.7430-1(f) and (g), Examples (4) and (5), Proced. & Admin.               
          Regs.; see also Kaufman v. Egger, 758 F.2d 1, 3 (1st Cir. 1985);            
          Burke v. Commissioner, T.C. Memo. 1997-127.                                 
               Petitioner failed to request an Appeals Office conference              
          before respondent’s issuance of the notice of deficiency, even              
          though the April 4, 2003, 30-day letter advised petitioner of her           
          right to file an administrative appeal.  Indeed, petitioner did             
          not commence dealing with the Appeals Office until well after she           
          filed her Tax Court petition.  Accordingly, we hold that                    
          petitioner failed to exhaust her available administrative                   
          remedies as required by section 7430(b)(1) and is ineligible for            
          an award of reasonable litigation costs under section                       
          7430(a)(2).4  See Haas & Associates Accountancy Corp. v.                    
          Commissioner, supra at 57-59; Roginiel v. Commissioner, T.C.                
          Memo. 2002-270; Swanagan v. Commissioner, T.C. Memo. 2000-294.              
          In light of this holding, for the purposes of deciding whether to           
          award petitioner reasonable litigation costs, we need not decide            
          whether the position of the United States in this proceeding was            
          substantially justified so that petitioner would not be treated             
          as the prevailing party.                                                    


               4 Petitioner’s litigation costs are those incurred (1) in              
          connection with the preparation and filing of her Tax Court                 
          petition and (2) after the filing of the petition.  See sec.                
          301.7430-4(c)(3) and (4), Example (2), Proced. & Admin. Regs.               





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