- 50 - 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 thePage: 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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