- 16 - 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.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