- 8 - (ii) If no Appeals office conference is granted, the party, prior to the issuance of a statutory notice in the case of a petition in the Tax Court * * * (A) Requests an Appeals office conference in accordance with ��601.105 and 601.106 * * *; and (B) Files a written protest if a written protest is required to obtain an Appeals office conference. Petitioners do not meet the requirement under section 301.7430-1(b)(1)(i), Proced. & Admin. Regs., because they did not participate in an Appeals Office conference prior to filing a petition. Petitioners did not expressly advance an argument under section 301.7430-1(b)(1)(ii), Proced. & Admin. Regs. Instead, petitioners argue that they are deemed to have exhausted their available administrative remedies, because they meet the exception under section 301.7430-1(f)(2), Proced. & Admin. Regs. The Court will nevertheless address first the requirements under section 301.7430-1(b)(1)(ii), Proced. & Admin. Regs., for completeness of discussion. Whether a Written Protest Is Required Section 601.105(d)(2)(i), Statement of Procedural Rules, provides that a written protest or brief written statement of disputed issues is not required to obtain an Appeals conference in office interview cases and correspondence examination cases. The written requirement applies only in field examination cases. See sec. 601.105(d)(2), Statement of Procedural Rules; see also Images in Motion, Inc. v. Commissioner, T.C. Memo. 2006-19.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011