John E. and Concetta Lozon - Page 16

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          where the itemized statement does not expressly state which issue           
          the fees or cost relates to, we shall allocate 80 percent to the            
          classification issue and 20 percent to the pension or self-                 
          employment tax issues.  See id.                                             
               D.  The Fees and Costs Requested                                       
               1.  Attorney's Fees:  1995                                             
               The itemized statement shows that petitioners' attorney                
          billed 20 hours between November 8 and December 31, 1995.  Two of           
          these hours, billed on December 1, 1995, relate to the "benefits            
          issue".  We shall not award fees for these hours.  We find the              
          remaining 18 hours listed on the itemized statement to be                   
          reasonable in amount; therefore, we award 80 percent of these               
          hours.                                                                      
               2.  Attorney's Fees:  1996                                             
               The itemized statement shows that petitioners' attorney                
          billed 36.5 hours between January 1 and December 31, 1996.  One             
          of these hours, billed on January 2, 1996, relates to the                   
          classification issue.  We award 100 percent of this time.  Six of           
          these hours, billed on January 23, March 1, 7, 8, 18, 19, 28, 29,           
          and April 1 and 5 of 1996, relate to the pension issue.  We shall           
          not award fees for these hours.  We find the remaining 29.5 hours           

               10  (...continued)                                                     
          four pages of petitioners' response to respondent's requested               
          findings of fact section were dedicated to the classification               
          issue whereas approximately two pages of the argument section               
          were dedicated to the pension or self-employment tax issues.  The           
          rest of the brief is negligible in amount.                                  




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