- 9 - exceed $104 per hour, similar limitations must apply with respect to the accountants' charges.8 In Pierce v. Underwood, 487 U.S. 552 (1988), the Supreme Court addressed whether "special factors" existed which entitled a party, who settled a dispute with the Government, to an award of attorney's fees in excess of the general statutory cap of $75 per hour (adjusted for inflation).9 The Court explained that in order for the "limited availability of qualified attorneys" to constitute a special factor warranting departure from the $75 cap, there must be a limited availability of attorneys who possess distinctive knowledge or a specialized skill needful to the particular litigation in question, as opposed to an extraordinary level of general lawyerly knowledge.10 Id. at 572. 8 Since petitioner requests costs with respect to Ms. Zimmerman's services at a maximum rate of $92 per hour, we fail to grasp respondent's objection insofar as it pertains to that amount. Accordingly, since the hourly rate billed by Ms. Zimmerman did not exceed $104 per hour, and because respondent does not otherwise contest the costs sought by petitioner with respect to Ms. Zimmerman's services, we deem respondent to have conceded petitioner's claim to that extent. 9 Although the dispute in Pierce v. Underwood, 487 U.S. 552 (1988), arose under the provisions of the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d)(1994), the relevant provisions of the EAJA are almost identical to the language of sec. 7430. Powers v. Commissioner, 43 F.3d 172, 183 (5th Cir. 1995), affg. in part and revg. in part T.C. Memo. 1993-125 and 100 T.C. 457 (1993). We, therefore, consider the holding in Pierce v. Underwood, supra, to be applicable to the case before us. 10 As examples of attorneys possessing distinctive knowledge or specialized skill, the Court included patent attorneys and attorneys with knowledge of foreign law or (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011