Images in Motion of El Paso, Inc. - Page 9

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          prevailing party if the Commissioner establishes his position was           
          substantially justified.                                                    
               Respondent concedes that:  (1) Petitioner meets the net                
          worth requirement; (2) petitioner’s request for litigation costs            
          was timely; and (3) petitioner substantially prevailed with                 
          respect to the most significant issue.  However, respondent                 
          contends:  (1) Petitioner is not the prevailing party because his           
          litigating position was substantially justified; (2) petitioner             
          failed to exhaust all administrative remedies available to it;              
          (3) petitioner unreasonably protracted the proceedings; and (4)             
          petitioner did not adequately substantiate its claimed litigation           
          costs.                                                                      
          A. Whether Petitioner Exhausted the Available Administrative                
               Remedies                                                               
               The parties dispute whether petitioner exhausted all                   
          administrative remedies.  This dispute stems from the following             
          facts:                                                                      
               (1) The IRS issued to petitioner a 30-day letter on October            
          2, 2002, and included Publication 5;                                        
               (2) petitioner faxed a one-sentence letter to the IRS                  
          requesting an Appeals Office conference on October 16, 2002;                
               (3) the IRS notified petitioner that it was required to file           
          a formal written protest to obtain an Appeals Office conference;            








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