John E. and Concetta Lozon - Page 17

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          listed on the itemized statement to be reasonable in amount.                
          Therefore, we award 80 percent of these hours.11                            
               3.  Additional Attorney's Fees                                         
               Petitioners also requested an additional 14.5 hours of                 
          attorney's fees which were not listed on the itemized statement.            
          Petitioners presented no detailed explanation of the services               
          provided during these hours.  We shall not award fees for these             
          hours.  Rule 231(d); Powers v. Commissioner, 100 T.C. at 492.               
               4.  Paralegal Fees                                                     
               This Court has awarded fees for law clerks and paralegals.             
          Powers v. Commissioner, 100 T.C. at 493.  In our discretion, we             
          may decide the appropriate hourly rate for paralegal's and law              
          clerk's fees.  See id. (applying a single hourly rate of $50).              
          We believe that a rate of $65 per hour for paralegals is                    
          reasonable and award petitioners paralegal's fees at that rate.12           
               Petitioners' paralegal billed 32.8 hours between November 8,           
          1995, and June 9, 1997.  Four-tenths (0.4) of 1 hour, billed on             

               11  Respondent argues that petitioners incurred additional             
          and unnecessary expenses for their attorney's travel to and from            
          the trial.  The attorney lived and worked in Florida, and the               
          trial was held in California.  We do not believe that it is                 
          unreasonable for taxpayers to hire nonlocal tax counsel.  This is           
          especially true in this case because petitioners' attorney was              
          the attorney of record in Butts v. Commissioner, T.C. Memo. 1993-           
          478, and Smithwick v. Commissioner, T.C. Memo. 1993-582.                    
               12  Respondent's argument that the paralegal's rate is                 
          substantially close to the statutory limit allowable for                    
          attorneys is unpersuasive--this is especially true after                    
          adjusting the statutory limit upwards for increases in the cost             
          of living.                                                                  




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