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parties agree that petitioner has otherwise satisfied the
requirements for an award of litigation costs, petitioner must
establish the amount of the reasonable litigation costs.
With respect to reasonable litigation costs, section 7430(c)
provides:
(1) Reasonable litigation costs.--The term
"reasonable litigation costs" includes--
(A) reasonable court costs, and
(B) based upon prevailing market rates
for the kind or quality of services
furnished--
* * * * * * *
(ii) The reasonable cost of
any study, analysis, engineering
report, test, or project which is
found by the court to be necessary
for the preparation of the
party's case, and
(iii) reasonable fees paid or
incurred for the services of
attorneys in connection with the
court proceeding, except that such
fees shall not be in excess of $75
per hour unless the court
determines that an increase in the
cost of living or a special factor,
such as the limited availability of
qualified attorneys for such
proceeding, justifies a higher
rate.
* * * * * * *
5(...continued)
petitioner filed the petition in Sept. 1995, the proceedings at
issue were commenced before the effective date of TBOR 2, and the
changes enacted by TBOR 2 are not applicable. Maggie Management
Co. v. Commissioner, 108 T.C. 430, 441 (1997).
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