California Marine Cleaning, Inc. - Page 18

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               The substantially justified standard requires that the                 
          Government's position have a reasonable basis in both law and               
          fact.  Pierce v. Underwood, supra at 563-564.  We need not decide           
          whether respondent had a basis in law because respondent did not            
          have a basis in fact.  Thus, we hold that respondent's position             
          was not substantially justified when respondent sent the notice             
          of deficiency and filed the answer, and that petitioner is                  
          entitled to an award under section 7430 for its reasonable                  
          administrative and litigation costs.                                        
          D.   Reasonable Administrative and Litigation Costs                         
               Petitioner seeks an award for its attorney's fees of                   
          $40,980, miscellaneous costs of $144.48, and accountant's fees of           
          $2,462.50.  We must decide whether the number of hours billed,              
          the rate at which those hours were billed, and the miscellaneous            
          costs are reasonable as claimed by petitioner.                              
               1.   Applicable Hourly Rate for Attorney's Fees                        
               Petitioner's attorney, William Shannahan (Shannahan), billed           
          at an hourly rate of $300 for his work in this case.  Respondent            
          objects to our basing an award for litigation costs on                      
          Shannahan's rate to the extent it exceeds $110.                             
               Section 7430(c)(1)(B)(iii) limits the hourly rate for                  
          attorney's fees to $110, increased by the cost of living and                
          other special factors.  The cost of living increase is rounded to           
          the nearest multiple of $10.  Sec. 7430(c)(1).  The allowable fee           






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