Images in Motion of El Paso, Inc. - Page 10

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               (4) petitioner faxed a three-sentence letter on October 24,            
          2002, which stated: “Our appeal request stands as submitted.                
          This taxpayer does not exercise sufficient control as described             
          in the 20 common law factors to be subject to the employment tax,           
          which you determined.  We seek a conference at an appeals hearing           
          to review your determination.”; and                                         
               (5) on October 25, 2002, the IRS, by letter, gave petitioner           
          15 days from the date of the letter to file a “valid protest” to            
          the 30-day letter since it believed petitioner’s request did not            
          adequately set forth its legal and factual arguments in                     
          accordance with Publication 5.                                              
               Petitioner urges us to find that its letter dated October              
          24, 2002, was sufficient to request an Appeals Office conference.           
          Respondent counters that section 601.105(d)(2)(iii), Statement of           
          Procedural Rules, required petitioner to file a written protest             
          to obtain Appeals Office consideration following the field                  
          examination since the total amount of proposed tax including                
          penalties exceeded $10,000 for a taxable period.  See also sec.             
          601.106(a)(1)(iii)(b), Statement of Procedural Rules.  We must              
          review the regulations and the information the IRS provided to              
          petitioner, to resolve this issue.                                          
               Section 301.7430-1(b)(1), Proced. & Admin. Regs., provides:            
               A party has not exhausted the administrative remedies                  
               available within the Internal Revenue Service with                     
               respect to any tax matter for which an Appeals office                  
               conference is available under �� 601.105 and 601.106 of                





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