Images in Motion of El Paso, Inc. - Page 36

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               Example (1).  Taxpayer A receives a notice of proposed                 
               deficiency (30-day letter).  A files a request for and                 
               is granted an Appeals office conference.  At the                       
               conference no agreement is reached on the tax matters                  
               at issue.  The Internal Revenue Service then issues a                  
               notice of deficiency.  Upon receiving the notice of                    
               deficiency, A discontinues A's administrative efforts                  
               and files a petition with the Tax Court.  A's costs                    
               incurred in connection with the preparation and filing                 
               of a petition with the Tax Court are litigation costs                  
               and not reasonable administrative costs. * * *                         
               Example (2).  Assume the same facts as in Example 1                    
               except that after A receives the notice of deficiency,                 
               A recontacts Appeals.  Again, A's costs incurred before                
               the administrative proceeding date, the date of the                    
               notice of deficiency as set forth in �                                 
               301.7430-3(c)(3), are not reasonable administrative                    
               costs.  A's costs incurred in recontacting and working                 
               with Appeals after the issuance of the notice of                       
               deficiency, and up to and including the time of filing                 
               of the petition, are reasonable administrative costs.                  
               A's costs incurred in connection with the filing of a                  
               petition with the Tax Court are not reasonable                         
               administrative costs because those costs are litigation                
               costs. * * *                                                           
               It appears the October 2002 fees were not in connection with           
          this Court proceeding.  However, petitioner’s counsel’s review of           
          the notice of determination was in connection with this                     
          proceeding since petitioner had to draft its petition in response           
          to the conclusions contained therein.  See sec. 301.7430-                   
          4(c)(3)(i), (4), Example (1), Proced. & Admin. Regs.                        
               Stated differently, we believe that petitioner discontinued            
          its administrative appeal efforts upon receipt of the notice of             
          determination.  The examining agent made it clear that she would            
          not forward this matter to the Appeals Office until petitioner              
          submitted a formal written protest.  Petitioner did not file a              





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