- 13 - 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. Pierce v. Underwood, supra at 573; Cozean v. Commissioner, supra; see also sec. 301.7430-4(b)(3)(iii)(B), Proced. & Admin. Regs. Likewise, it is not a special factor if hourly rates for all lawyers in the relevant city or area exceed $75. Pierce v. Underwood, supra at 571-572; Powers v. Commissioner, 100 T.C. at 489. General expertise in tax law in itself is not a special factor warranting a fee award in excess of $75 per hour under section 7430. Huffman v. Commissioner, 978 F.2d at 1150; Powers v. Commissioner, 100 T.C. at 489. Depending on the facts and circumstances of the case, however, we may find that a tax attorney had a special skill and expertise needful for the litigation in question. Powers v. Commissioner, 100 T.C. at 489. Although the issues presented in Lozon I may have required petitioner to secure the services of a competent tax attorney, this finding, standing alone, does not demonstrate the presence of a special factor which would justify an increased award under section 7430. See Powers v. Commissioner, 43 F.3d 172, 183 (5th Cir. 1995), affg. in part and revg. in part T.C. Memo. 1993-125; Cozean v. Commissioner, supra. Petitioners have failed to establish that Mr. Owens possessed any nonlegal or technical abilities apart from his expertise in tax law. See Powers v. Commissioner, 43 F.3d at 183; Cozean v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011