Robert T. Cozean - Page 4

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            connection with the disposition of his interest in J & T.                                    
            Petitioner filed a timely petition on September 26, 1995.  At the                            
            time the petition was filed, petitioner resided in Dallas, Texas.                            
                 The case was calendared for trial on November 12, 1996.                                
            Approximately 2 weeks before the date of trial, respondent                                   
            conceded all of the determined deficiencies, and the case was                                
            settled.  A stipulation of settlement was filed on December 30,                              
            1996.  On the same date, petitioner filed a motion for award of                              
            litigation costs.                                                                            
                  Petitioner requests an award of total litigation costs in                              
            the amount of $24,060.71.  The costs requested include attorney's                            
            fees in the amount of $16,365.21, attributable to 64 hours billed                            
            by Edward D. Urquhart between July 1995 and April 1997 at a rate                             
            of $250 per hour, as well as out-of-pocket expenses in the amount                            
            of $365.21.  The out-of-pocket expenses are attributable to                                  
            postage, delivery fees, photocopying, and computer research.3                                
                  The costs requested by petitioner also include charges                                 
            billed by the accounting firm of Werlein & Harris in the total                               
            amount of $7,695.50, consisting of 30 hours billed by Victor E.                              
            Harris at rates of $170 and $175 per hour, and 28.5 hours billed                             
            by Pamela Zimmerman at rates of $90 and $92 per hour.4   Mr.                                 

                  3  Respondent did not contest these out-of-pocket expenses,                            
            and we consider these amounts conceded.                                                      
                  4  Mr. Harris billed 26.5 hours at $170 per hour and 3.5                               
            hours at a rate of $175 per hour.  Ms. Zimmerman billed 22 hours                             
                                                                           (continued...)                




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