Gilbert Vasquez - Page 48

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          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 failure                 







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