Estate of Alto B. Cervin, Deceased, Bennett W. Cervin, Executor, and Nita-Carol Cervin Miskovitch, Executor - Page 8

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          one of two law firms that performed legal services for                      
          petitioner, with not more than a 1.35-percent equity interest at            
          any relevant time.  Cervin performed 67.7 hours of legal services           
          out of a total of 145.5 hours performed by Thompson & Knight for            
          petitioner.  Wilson & White performed a total of 600.55 hours of            
          legal services for petitioner.                                              
               Respondent argues that Cervin cannot recover litigation                
          costs in this case because Cervin's relationship to petitioner              
          cannot be distinguished from a taxpayer's representing himself,             
          and pro se taxpayers cannot recover attorney's fees under section           
          7430.  Frisch v. Commissioner, 87 T.C. 838 (1986).                          
               In Frisch v. Commissioner, supra, we disallowed all                    
          attorney's fees that were claimed by the taxpayer, who was an               
          attorney.  In Minahan v. Commissioner, 88 T.C. 516 (1987), we               
          disallowed all fees paid by the taxpayer-attorney to the law firm           
          in which the taxpayer-attorney worked and of which he was                   
          president and a senior stockholder.  We do not believe that the             
          rationale of those cases applies to the circumstances of this               
          case.                                                                       
               In Frisch v. Commissioner, supra, we held that the plain               
          language of section 7430 could not be read to include lost                  
          opportunity costs of the petitioning attorney and that, in any              
          event, his fees were not paid or incurred within the meaning of             
          the statute.  In Minahan v. Commissioner, supra, we denied fees             





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