- 36 - 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 aPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011