- 6 - immigration law not special factors under Equal Access to Justice Act). Further, for special skills to be a special factor under section 7430, petitioner must show that the skills were necessary properly to present the case. Pierce v. Underwood, supra at 572; Powers v. Commissioner, 100 T.C. at 490. Petitioner must also show that the attorney's skills are limited in availability and that an increased award of attorney's fees would alleviate this shortage. Powers v. Commissioner, 43 F.3d at 183; Pierce v. Underwood, supra at 572; Baker v. Bowen, supra at 1084-1085; Perales v. Casillas, supra at 1078-1079. Petitioner asserts that only attorneys with special skills could have resolved the instant case so successfully, but this assertion is undermined by their claim that respondent's position so conflicted with well-settled State and Federal law as to be "egregious". Petitioner argues that respondent's position is egregious because the Court of Appeals described the position as unsupported, unreasonable, in conflict with well-established State and Federal law, and contrary to respondent's own regulations. Without citing any authority for the proposition, petitioner then asserts that it is a special factor for respondent to take an egregious position. A position that is not substantially justified is not necessarily egregious. See Bayer v. Commissioner, T.C. Memo.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011