Jerry and Patricia A. Dixon - Page 11




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          interest after December 31, 1986.  In support of his motion for             
          sanctions, Mr. Sticht submitted a declaration stating that he               
          charged the Rinaldis $325 per hour for trial/appellate services             
          and $290 per hour for consultation services.  Mr. Sticht further            
          stated that Joe A. and JoAnne Rinaldi have paid him legal fees              
          and costs of $34,948.43 and $15,741.32, respectively.  These                
          amounts are exclusive of the Rinaldis' attorney's fees and costs            
          associated with the motion for sanctions.8                                  
               Respondent's Objection                                                 
               Respondent filed objections to the above-described motions.            
          Respondent contends that none of the petitioners qualifies for an           
          award of attorney's fees pursuant to section 7430 inasmuch as               
          petitioners "have not substantially prevailed with respect to               
          either the amount in controversy or the most significant issue or           
          set of issues" and petitioners have not established (1) that they           
          "meet the applicable net worth requirements", (2) that they have            
          exhausted available administrative remedies, and (3) that "the              
          protraction of these proceedings, once the case was remanded for            
          evidentiary hearing, was solely caused by respondent".  Finally,            
          respondent asserts the following grounds in support of the                  
          position that the Court should not award additional sanctions in            



          8  Mr. Sticht has not disclosed the fees paid by his other                  
          clients--neither those who also participated in the evidentiary             
          hearing nor any other Kersting tax shelter program participants             
          that he may represent.                                                      





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