2 prevailed, exhausted its administrative remedies, and meets the net worth requirements. Sec. 7430(b)(1), (c)(4)(A)(ii)(I), (iii). The remaining issues for decision are: 1. Whether respondent’s position in the underlying proceeding was substantially justified. We hold that it was not; and 2. whether petitioner's counsel is entitled to be reimbursed at the rate of $75 per hour plus a cost of living adjustment, as respondent contends; or at a rate of $125, $150, and $180 per hour, as petitioner contends. We hold that the appropriate hourly rate is $103.95 for 1994 and $107.10 for 1995. The parties submitted memoranda and affidavits supporting their positions. We decide the motion based on the memoranda and affidavits provided by the parties. Neither party requested a hearing. There are no significant factual disputes. We conclude that a hearing is not necessary to decide this motion. Rule 232(a)(3). Background 1. Petitioner Petitioner is a corporation, the principal place of business of which was in Portland, Oregon, during the years in issue and when it filed its petition. 2. Underlying Tax Case The primary issue in the underlying case, Beaver Bolt, Inc. v. Commissioner, T.C. Memo. 1995-549, filed November 20, 1995,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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