- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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