- 22 -                                         
          23-P fails even the broadly permissive test of rule 401 of the              
          Federal Rules of Evidence.  See also Fed. R. Evid. 403.                     
               We sustain respondent’s relevance objection to Exhibit 23-P,           
          and so need not deal with respondent’s hearsay objection.                   
          B.  In General                                                              
               The Congress has provided for the awarding of litigation               
          costs to a taxpayer who satisfies a series of requirements.  Sec.           
          7430.15                                                                     
               15 Sec. 7430 provides, in pertinent part, as follows:                  
               SEC. 7430.  AWARDING OF COSTS AND CERTAIN FEES.                        
                    (a) In General.--In any administrative or court                   
               proceeding which is brought by or against the United                   
               States in connection with the determination,                           
               collection, or refund of any tax, interest, or penalty                 
               under this title, the prevailing party may be awarded a                
               judgment or a settlement for--                                         
                    *      *      *      *      *      *      *                       
                         (2) reasonable litigation costs incurred                     
                    in connection with such court proceeding.                         
                    (b) Limitations.--                                                
                         (1) Requirement that administrative                          
                    remedies be exhausted.--A judgment for                            
                    reasonable litigation costs shall not be                          
                    awarded under subsection (a) in any court                         
                    proceeding unless the court determines that                       
                    the prevailing party has exhausted the                            
                    administrative remedies available to such                         
                    party within the Internal Revenue Service. *                      
                    * *                                                               
                    *      *      *      *      *      *      *                       
                    (c) Definitions.--For purposes of this section--                  
                                                             (continued...)           
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