Estate of Alto B. Cervin, Deceased, Bennett W. Cervin, Executor, and Nita-Carol Cervin Miskovitch, Executor - Page 6

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          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.               





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