Theresa Salopek, et al. - Page 8

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          II. Unreasonable Protraction of Proceeding                                  
               Petitioners are not eligible for an award of litigation                
          costs for any portion of the proceeding that they unreasonably              
          protracted.  Sec. 7430(b)(3).  Petitioners did not protract the             
          proceeding.  Petitioners did file numerous motions, but none were           
          meritless and two were necessitated by respondent's multiple                
          requests for documentation already in his possession.                       
          III. Reasonable Litigation Costs                                            
               Petitioners request an award of $95,513 in litigation costs.           
          Section 7430 allows petitioners to recover attorney's fees and              
          court costs if such fees and costs are reasonable.  Although                
          petitioners' attorney's billing statements do not delineate the             
          precise number of hours related to each of the various issues,              
          they provide sufficient detail to determine an appropriate award.           
               Where petitioners' attorney did not allocate his hours and             
          costs to specific issues, we use an "apportionment percentage" to           
          determine the number of hours and costs for which petitioners are           
          entitled to an award.  The apportionment percentage is a                    
          fraction:  The numerator is the total adjustments relating to the           
          issues for which respondent was not substantially justified                 
          (i.e., cash contributions of $400,000 and depreciation deductions           
          of $468,589), and the denominator is the total adjustments                  
          relating to all issues (i.e., $1,624,589).  Accordingly,                    
          petitioners are entitled to reimbursement for 53 percent of the             






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