Gilbert Vasquez - Page 50

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          take into account the definitions that appear in section                    
          301.7430-1(b)(2) and (3), Proced. & Admin. Regs., as follows:               
                    (2) Participates.  For purposes of this section, a                
               party or qualified representative of the party                         
               described in �601.502 of this chapter participates in                  
               an Appeals office conference if the party or qualified                 
               representative discloses to the Appeals office all                     
               relevant information regarding the party’s tax matter                  
               to the extent such information and its relevance were                  
               known or should have been known to the party or                        
               qualified representative at the time of such                           
               conference.                                                            
                    (3) Tax matter.  For purposes of this section,                    
               “tax matter” means a matter in connection with the                     
               determination, collection or refund of any tax,                        
               interest, penalty, addition to tax or additional amount                
               under the Internal Revenue Code.                                       
          These definitions apply, by their terms, to the entire section,             
          and so apply to section 301.7430-1(f)(2)(ii), Proced. & Admin.              
          Regs.  In the instant case, Ace had received “all relevant                  
          information regarding the party’s [petitioner’s] tax matter” by             
          the time of her May 24, 2004, telephone call with Moffatt.                  
          Although there were disputes regarding dependency deductions and            
          litigation costs, “the determination * * * of [petitioner’s] tax            
          * * * under the Internal Revenue Code” could be--and, indeed,               
          was--resolved by the information and documents that Ace had                 
          already received (albeit indirectly) from petitioner.                       
               From the foregoing, we conclude that petitioner has carried            
          the burden of proving that he satisfied the requirements of the             








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