- 12 - petitioners' counsel acted in bad faith in multiplying the proceedings unreasonably and vexatiously. The question presented then is the extent to which counsel will be penalized for asserting such frivolous claims. Attorney's fees awarded under section 6673(a)(2) are to be computed by multiplying the number of excess hours reasonably expended on the litigation by a reasonable hourly rate. The product is known as the "lodestar" amount. * * * [Harper v. Commissioner, 99 T.C. 533, 549 (1992).] See also Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 478 U.S. 546, 563 (1986). The standards of rule 11 of the Federal Rules of Civil Procedure are applicable in determining the hourly rate to charge counsel for respondent's excess attorney time. Harper v. Commissioner, supra at 550. Specifically-- 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, supra at 551 (citing United States v. Kirksey, 639 F. Supp. 634, 637 (S.D.N.Y. 1986); citations omitted.] This Court has inherent authority to reduce or increase the number of hours in respondent's accounting, and to adjust the rate to be applied in determining the lodestar amount. Fed. R. Civ. P. 11; Harper v. Commissioner, supra at 550 n.13. Respondent submitted itemized affidavits of estimated excess attorney and paralegal time spent on this case with a fee schedule. Specifically, respondent submitted affidavits detailing the time spent on this case as follows:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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