Jerry and Patricia A. Dixon - Page 25




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          has been a cost of Government operations incurred for the purpose           
          of determining the extent of the misconduct of the Government's             
          lawyers.  The attorney's fees and related costs that petitioners            
          incurred in investigating that misconduct and presenting the                
          matter to the Court at the evidentiary hearing are substantial              
          and warrant redress.                                                        
               Respondent contends that an award of attorney's fees and               
          costs is not justified on the ground that petitioners have                  
          already been more than adequately compensated by the sanctions              
          imposed upon respondent in Dixon III.  We reject this contention.           
          The sanctions that the Court imposed in Dixon III were directed             
          at time-sensitive additions to tax and increased interest–-items            
          of liability that were indirectly compounded by the delay in the            
          resolution of these cases occasioned by the misconduct of the               
          Government's lawyers.  In contrast, our decision to award                   
          attorney's fees and costs is intended to compensate petitioners             
          for the additional fees and costs that they incurred as a direct            
          consequence of that misconduct.                                             
               In Harper v. Commissioner, supra at 552, we observed that              
          "Unlike an application for attorney's fees under section 7430,              
          there is no rate ceiling on attorney's fees imposed under section           
          6673(a)(2)."  To the contrary, attorney's fees awarded under                
          section 6673(a)(2) are computed by multiplying the number of                
          excess hours reasonably expended on the litigation by a                     
          reasonable hourly rate.  See id. at 549.  Relying on cases                  




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