- 10 - Accordingly, the Court cautioned that factors such as the novelty and difficulty of the issues, the undesirability of the case, the work and ability of counsel, the results obtained, and the customary fees and awards in other cases, should not be considered for the purpose of determining whether an increased award is warranted. Id. at 573; see also sec. 301.7430- 4(b)(3)(iii)(B), Proced. & Admin. Regs. The Court of Appeals for the Fifth Circuit, citing Pierce v. Underwood, supra, has explained in similar fashion that the term "special factor" refers to attorneys who possess nonlegal or technical abilities, as distinguished from other types of substantive specializations currently proliferating within the profession. Perales v. Casillas, 950 F.2d 1066, 1078 (5th Cir. 1992); see also 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). In this regard, the Court of Appeals for the Fifth Circuit has held that an expertise in tax law, as a type of "substantive specialization currently proliferating within the profession", is not a special factor warranting an hourly fee in excess of that contained in the statute. Powers v. Commissioner, supra at 183. Furthermore, the Court of Appeals for the Fifth Circuit has noted that the "limited availability" of attorneys in a particular field cannot, standing alone, 10(...continued) language. Pierce v. Underwood, supra at 572.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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