- 46 - participation in an Appeals office conference. See 26 C.F.R. Section 301.7430-1(b)(1)(i). It is undisputed that, upon receiving the results of the IRS audit, Petitioner’s Counsel had a conference with the Appeals division, Cynthia Ace. Petitioner also contends (a) “a request for legal fees is valid at the administrative level”, (b) respondent refused to settle the case unless petitioner waived litigation costs, (c) “Respondent was arguably also in violation of RRA 98[22] as it relates to a lack of fairness to Petitioner”, and (d) “The Tax Court should correctly determine that Petitioner did in fact exhaust the administrative remedies available to him. Haas & Associates Accountancy Corp. v. Commissioner, 55 Fed. Appx. 476.” We agree with petitioner’s conclusion even though we disagree with petitioner’s analysis. Section 7430(b)(1) (supra note 15) prohibits the awarding of litigation costs under subsection (a) in the instant case unless the Court determines that petitioner exhausted the administrative remedies available to him within the Internal Revenue Service. 22 We assume petitioner refers to the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, 112 Stat. 685. Sec. 3101 of that Act (112 Stat. at 727) makes numerous amendments to different parts of sec. 7430(c), but we have not found any amendments made by that Act to sec. 7430(b)(1), relating to the requirement of exhaustion of administrative remedies, and petitioner has not directed our attention to any such amendments. Nor has petitioner directed our attention to any specific provision of that Act (which extends for 183 pages in the Statutes at Large) that bears on our consideration of the requirement of exhaustion of administrative remedies, even though his reference to “RRA 98” appears in the portion of his answering legal memorandum headed “PETITIONER EXHAUSTED ADMINISTRATIVE REMEDIES”.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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