Gilbert Vasquez - Page 46

                                       - 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

Last modified: May 25, 2011