- 48 - costs. On this state of the record, we do not conclude that petitioner’s contentions (a) and (b) justify ruling for petitioner on the exhaustion of administrative remedies issue. As we have noted (supra note 22) petitioner’s contention (c), relating to the Internal Revenue Service Restructuring and Reform Act of 1998, does not add anything to the force of his argument. Finally, we are mystified by petitioner’s citation of the Haas & Associates opinion, in which the Court of Appeals for the Ninth Circuit affirmed our holding that the taxpayer therein was not entitled to an award of litigation costs. Notwithstanding our rejection of all of petitioner’s contentions, we conclude that petitioner does qualify under section 301.7430-1(f)(2), Proced. & Admin. Regs., which provides as follows: (f) Exception to requirement that party pursue administrative remedies. If the conditions set forth in paragraphs (f)(1), (f)(2), (f)(3), or (f)(4) of this section are satisfied, a party’s administrative remedies within the Internal Revenue Service shall be deemed to have been exhausted for purposes of section 7430. * * * * * * * (2) In the case of a petition in the Tax Court-- (i) The party did not receive a notice of proposed deficiency (30-day letter) prior to the issuance of the statutory notice and the failure to receive such notice was not due to actions of the party (such as a failurePage: 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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