- 10 - that they made an oral request for an Appeals Office conference prior to the issuance of the notice of deficiency. Whether an Exception Applies Section 301.7430-1(f), Proced. & Admin. Regs., provides certain limited exceptions to the requirement that taxpayers participate in an Appeals Office conference in order to be treated as having exhausted available administrative remedies. Haas & Associates Accountancy Corp. v. Commissioner, supra at 58. Section 301.7430-1(f)(2), Proced. & Admin. Regs, applies only where the taxpayers did not receive a 30-day letter prior to the issuance of the statutory notice. Petitioners argue that under section 301.7430-1(f)(2), Proced. & Admin. Regs., they are deemed to have exhausted their available administrative remedies, because respondent failed to make an Appeals Office conference available to them before issuing the statutory notice. Petitioners presented a letter dated May 12, 2005, from respondent’s Appeals Office, in which the Appeals officer informed petitioners that “you did not have the opportunity to present documents, books, records, receipts, affidavits, etc to support the deductions, credits, filing status, etc. claimed on your return.” Petitioners urge the Court to accept that as evidence that they were not given an opportunity to participate in an Appeals Office conference until shortly after their petition was filed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011