Robert T. Cozean - Page 5

                                                 - 5 -                                                   
            Harris and Ms. Zimmerman provided professional services to                                   
            petitioner including preparing the tax returns for the years in                              
            issue, assisting in representing petitioner during the                                       
            examination of the returns by the Internal Revenue Service (IRS),                            
            assisting counsel in preparation of the petition, and                                        
            representing petitioner before the IRS Appeals Office after the                              
            case was docketed.  Mr. Harris, who is a C.P.A., has also                                    
            represented many taxpayers before the IRS in the examination of                              
            income tax returns as well as before the Appeals Office.  The                                
            accountant's fees are claimed for the period from July 1995                                  
            through December 1996.                                                                       
                  Respondent objects to the motion for litigation costs on the                           
            ground that the claimed fees are excessive.                                                  
                  A taxpayer has the burden of proving that he or she meets                              
            each requirement before the Court may order an award of                                      
            litigation costs under section 7430.  Rule 232(e); Minahan v.                                
            Commissioner, 88 T.C. 492, 497 (1987).5  Accordingly, since the                              

                  4(...continued)                                                                        
            at $90 per hour 6.5 hours at a rate of $92 per hour.                                         
                  5 In 1996, legislation was enacted which shifted to the                                
            Commissioner the burden of proving whether the position of the                               
            United States was substantially justified, sec. 7430(c)(4)(B), as                            
            amended by the Taxpayer Bill of Rights 2 (TBOR 2), Pub. L. 104-                              
            168, sec. 701, 110 Stat. 1452, 1463 (1996), and raised the hourly                            
            rate for attorney's fees to $110, sec. 7430(c)(1)(B)(iii), as                                
            amended by TBOR 2 sec. 702(a), 110 Stat. 1464.  These changes                                
            apply only to proceedings commenced after July 30, 1996.  TBOR 2                             
            secs. 701(d), 702(b), 110 Stat. 1464; see National Industrial                                
            Investors, Inc. v. Commissioner, T.C. Memo. 1996-423.  Since                                 
                                                                           (continued...)                




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