19 for services ($110) indexed from 1996 to 1997 is $113. Human v. Commissioner, T.C. Memo. 1998-65. Thus, Shannahan's allowable fee for 1997 is $110. 2. Whether a Special Factor Is Present We next decide whether a special factor is present that justifies an award of attorney's fees at a rate higher than $110 per hour. Sec. 7430(c)(1)(B)(iii). Petitioner contends that the issues involved in this case were very complex and that petitioner's counsel's expertise warrants an award of fees at a rate higher than $110. We disagree. The prevailing hourly rate in an area, and the fact that no attorney would have performed the work for $110 an hour, are not special factors under section 7430(c)(1)(B)(iii). Cozean v. Commissioner, 109 T.C. 227 (1997); Cassuto v. Commissioner, 93 T.C. 256, 269 (1989), affd. in part, revd. in part and remanded on other issues 936 F.2d 736 (2d Cir. 1991); see Pierce v. Underwood, 487 U.S. 552 (1988). Tax expertise of a taxpayer’s lawyer alone is not a special factor under section 7430(c)(1)(B)(iii). Cassuto v. Commissioner, 936 F.2d at 743; see Bode v. United States, 919 F.2d 1044, 1050 (5th Cir. 1990); Cozean v. Commissioner, supra at 232-233. We conclude that petitioner has not shown that any special factor is present which warrants an increase in the $110 maximum hourly rate.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011