Robert T. Cozean - Page 13

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            Service shall be treated as fees for the services of an attorney                             
            for purposes of section 7430(c)(1) and (2).  The clear statutory                             
            provision requires that fees claimed by nonlawyers who are                                   
            authorized to practice before the Internal Revenue Service are                               
            subject to the same limitations applicable to attorney's fees.                               
                  From a review of this record, it is uncontroverted that  Mr.                           
            Harris fits within section 7430(c)(3).  Mr. Harris, who is a                                 
            C.P.A., represented petitioner as well as other taxpayers before                             
            the IRS.  As an individual who is authorized to practice before                              
            the IRS, his fees are to be treated as the fees of an attorney.                              
            As such, the fees paid or incurred for Mr. Harris' professional                              
            services are subject to the same limitations under section                                   
            7430(c)(1)(B)(iii) as those applicable to the attorney in this                               
            case.  Similarly, Mr. Harris has not shown a special factor which                            
            would warrant a departure from the statutory cap.                                            
                  In summary, we hold that petitioner is entitled to an award                            
            of litigation costs in the amount of $6,656 with respect to the                              
            legal fees paid or incurred for services provided by Mr. Urquhart                            
            at the limited rate set forth in section 7430(c)(1)(B)(iii),                                 
            adjusted for inflation.  Petitioner is also entitled to an award                             
            of costs of $365.21 with respect to Mr. Urquhart's out-of-pocket                             
            expenses.  Finally, we hold that petitioner is entitled to an                                
            award of litigation costs for the accountant's fees paid or                                  
            incurred for services provided by Ms. Zimmerman and Mr. Harris,                              






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