Estate of Alto B. Cervin, Deceased, Bennett W. Cervin, Executor, and Nita-Carol Cervin Miskovitch, Executor - Page 2

                                        - 2 -                                         

          the holdings of the Court of Appeals and concessions by                     
          respondent, the only issues now before us are (1) the maximum               
          hourly rate at which petitioner may recover fees and (2) whether            
          petitioner may recover fees for services performed by Cervin or             
          by the firm in which he is a partner.                                       
               The parties have submitted affidavits and memoranda                    
          supporting their positions.  Neither party has requested a                  
          hearing, and we conclude that a hearing is unnecessary.                     
               Unless otherwise indicated, section references are to the              
          Internal Revenue Code.  References to section 7430 are to the               
          section as amended by section 1551 of the Tax Reform Act of 1986,           
          Pub. L. 99-514, 100 Stat. 2085, 2752 (effective for proceedings             
          commenced after Dec. 31, 1985), and by section 6239(a) of the               
          Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647,           
          102 Stat. 3342, 3743-3746 (effective with respect to proceedings            
          commenced after Nov. 10, 1988).  They do not include amendments             
          to section 7430 by section 701 of the Taxpayer Bill of Rights 2,            
          Pub. L. 104-168, 110 Stat. 1463 (1996) (effective with respect to           
          proceedings commenced after July 30, 1996).                                 
                                     Background                                       
               Alto B. Cervin (decedent) was domiciled in Texas.  Decedent            
          had two children, Bennett W. Cervin (Cervin) and Nita-Carol                 
          Cervin Miskovitch (Miskovitch), who were the heirs and                      
          coexecutors of the Estate of Alto B. Cervin (petitioner).                   





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011