Robert T. Cozean - Page 1

                                           109 T.C. No. 10                                               

                                      UNITED STATES TAX COURT                                            

                                 ROBERT T. COZEAN, Petitioner v.                                         
                         COMMISSIONER OF INTERNAL REVENUE, Respondent                                    

                  Docket No. 19318-95.                 Filed October 15, 1997.                           

                        Prior to trial, R conceded the deficiencies                                      
                  determined for the years 1990 through 1992.  P filed a                                 
                  timely claim for an award of litigation costs,                                         
                  including, among other things, attorney's fees billed                                  
                  at $250 per hour and one accountant's fees billed at                                   
                  $170 and $175 per hour and another's fees billed at $90                                
                  and $92 per hour.  R concedes that P has satisfied all                                 
                  the requirements for entitlement to litigation costs                                   
                  and disputes only the amounts of the fees claimed by                                   
                  the attorney and the principal accountant.                                             
                  Specifically,  R asserts that the limitation of sec.                                   
                  7430(c)(1)(B)(iii), I.R.C., of $75 per hour (adjusted                                  
                  for inflation) for the years in issue, applies to all                                  
                  fees claimed.                                                                          
                        Held:  P failed to establish that a special factor                               
                  existed which justifies an award of attorney's fees in                                 
                  excess of the $75 limitation (adjusted for inflation).                                 

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