California Marine Cleaning, Inc. - Page 19

                                         19                                           
          for services ($110) indexed from 1996 to 1997 is $113.  Human v.            
          Commissioner, T.C. Memo. 1998-65.  Thus, Shannahan's allowable              
          fee for 1997 is $110.                                                       
               2.   Whether a Special Factor Is Present                               
               We next decide whether a special factor is present that                
          justifies an award of attorney's fees at a rate higher than $110            
          per hour.  Sec. 7430(c)(1)(B)(iii).  Petitioner contends that the           
          issues involved in this case were very complex and that                     
          petitioner's counsel's expertise warrants an award of fees at a             
          rate higher than $110.  We disagree.                                        
               The prevailing hourly rate in an area, and the fact that no            
          attorney would have performed the work for $110 an hour, are not            
          special factors under section 7430(c)(1)(B)(iii).  Cozean v.                
          Commissioner, 109 T.C. 227 (1997); Cassuto v. Commissioner, 93              
          T.C. 256, 269 (1989), affd. in part, revd. in part and remanded             
          on other issues 936 F.2d 736 (2d Cir. 1991); see Pierce v.                  
          Underwood, 487 U.S. 552 (1988).  Tax expertise of a taxpayer’s              
          lawyer alone is not a special factor under section                          
          7430(c)(1)(B)(iii).  Cassuto v. Commissioner, 936 F.2d at 743;              
          see Bode v. United States, 919 F.2d 1044, 1050 (5th Cir. 1990);             
          Cozean v. Commissioner, supra at 232-233.  We conclude that                 
          petitioner has not shown that any special factor is present which           
          warrants an increase in the $110 maximum hourly rate.                       








Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011