Brian G. Takaba - Page 31




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          and which each claims was due to Mr. Sulla’s actions “vexatiously           
          multiplying these proceedings” (excess hours).                              
               Respondent asks reimbursement for 58 hours of Mr. Lau’s time           
          at $150 an hour.  Mr. Lau is the attorney with day-to-day                   
          responsibility for the case.  He is an attorney employed in the             
          Office of Chief Counsel in Honolulu, Hawaii.  He has been a                 
          member of the Hawaii State Bar since 1982.  He has detailed the             
          time he spent on the case from June 20, 2000, onward, which                 
          involves time spent on research, drafting, telephone calls,                 
          review of submissions to the Court, consultations with Mr.                  
          Hochman, and appearances.  Based on various factors, including              
          the cost of living and attorney wages in Honolulu, Hawaii, and              
          awards in previous cases, respondent asks reimbursement at a rate           
          of $150 an hour for Mr. Lau’s time.   The hourly rate properly              
          charged for the time of a Government attorney is the “amount to             
          which attorneys of like skill in the area would typically be                
          entitled for a given type of work on the basis of an hourly rate            
          of compensation.”  Harper v. Commissioner, 99 T.C. at 551.  Mr.             
          Sulla does not question the reasonableness of that rate.  We do             
          not, however, believe that 58 hours is the number of excess hours           
          that Mr. Lau expended on this case.  Respondent begins his                  
          computation of excess hours for Mr. Lau on June 20, 2000, adding            
          1 hour for time spent in preparing for and participating in a               
          conference call with Judge Marvel and Mr. Sulla.  Notwithstanding           






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