Galedrige Construction, Inc. - Page 17

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          making the COLA calculation, unless the Court of Appeals to which           
          an appeal would lie had held otherwise.  Golsen v. Commissioner,            
          54 T.C. 742, 756-757 (1970), affd. 445 F.2d 985 (10th Cir. 1971).           
               This case is appealable to the Court of Appeals for the                
          Ninth Circuit, which has decided that January 1, 1986, is the               
          correct date for purposes of calculating the COLA adjustment                
          under section 7430.  Huffman v. Commissioner, supra at 1151.                
          Accordingly, we find January 1, 1986, to be the applicable date             
          from which to make the adjustment in this case.  Id.                        
               We use the Consumer Price Index of All Urban Consumers (CPI-           
          U) published by the U.S. Department of Labor, Bureau of Labor               
          Statistics, to adjust the $75 hourly limit for increases in the             
          cost of living.  We award petitioner attorney's fees at an hourly           
          rate not to exceed $102.44 for 1994, $104.29 for 1995, $107.37              
          for 1996, and $109.83 for 1997.6                                            
                    1.   1994                                                         
               Petitioner's attorney billed 2.6 hours for the time                    
          incurred in connection with preparing and drafting the Tax Court            
          petition in the instant proceeding.  We find this amount of time            


               6    The index for the 1982-84 CPI-U is 100; for Jan. 1,               
          1986 it is 109.6.  The CPI-U index is 149.7 for December 1994,              
          the average index is 152.4 for 1995, 156.9 for 1996, and for July           
          1997 the index is 160.5.  At the time of this decision, the                 
          average index for 1997 is not available.  Thus, we must use the             
          index for July, which is a midyear index.  Accordingly, the                 
          maximum hourly rate is $102.44 (149.7/109.6 x $75) for 1994,                
          $104.29 (152.4/109.6 x $75) for 1995, $107.37 (156.9/109.6 x $75)           
          for 1996, and $109.83 (160.5/109.6 x $75) for 1997.                         




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