Robert T. Cozean - Page 10

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            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.                                                




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