11 $75. Accordingly, we apply the $75 hourly rate, adjusted for increases in the cost of living. Sec. 7430(c)(1)(B)(iii). b. Adjustment of $75 Limit for Increases in the Cost of Living From 1986 We use the Consumer Price Index (CPI) for all urban consumers to adjust the $75 hourly limit for increases in the cost of living. Powers v. Commissioner, 100 T.C. at 491; Cassuto v. Commissioner, 93 T.C. 256, 273 (1989), affd. in part and revd. in part 936 F.2d 736 (2d Cir. 1991). We have held that 1981 is the appropriate base year for calculating cost of living increases under section 7430(c)(1)(B)(iii). Bayer v. Commissioner, 98 T.C. 19, 23 (1992); Cassuto v. Commissioner, supra at 269. However, the U.S. Court of Appeals for the Ninth Circuit, to which this case is appealable, has held that the appropriate base year for calculating cost of living increases is 1986. Huffman v. Commissioner, 978 F.2d 1139, 1151 (9th Cir. 1992), affg. in part and revg. in part T.C. Memo. 1991-144. We follow that holding here. Golsen v. Commissioner, 54 T.C. 742, 756-758 (1970), affd. 445 F.2d 985 (10th Cir. 1971). In addition to attorney's fees, petitioner incurred litigation costs of $2,482.50. Respondent does not argue that the amount of litigation costs claimed by petitioner is unreasonable except for the hourly rate issue just decided. We treat this as respondent's concession that the number of hoursPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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