The Nis Family Trust - Page 47




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            to the Court, and appearances.  Based in part on the costs of                              
            living and attorney wages in San Jose, California, respondent                              
            asks reimbursement at a rate of $125 an hour for Mr. Webb’s time.                          
            The hourly rate properly charged for the time of a Government                              
            attorney is the "amount to which attorneys of like skill in the                            
            area would typically be entitled for a given type of work on the                           
            basis of an hourly rate of compensation."  Harper v.                                       
            Commissioner, 99 T.C. at 551.  Petitioners and Ms. Sluyter have                            
            made no response to the order to show cause.  We have no reason                            
            to believe that $125 an hour is not a reasonable hourly charge                             
            for Mr. Webb’s time or that 56.75 is not the number of excess                              
            hours Mr. Webb expended on this litigation.  We are familiar with                          
            the procedural and factual history of this case and believe that                           
            56.75 hours was reasonably necessary for Mr. Webb to do the work                           
            he described.  See United States v. $12,248 U.S. Currency, 957                             
            F.2d 1513, 1520 (9th Cir. 1992).  We find that $125 is a                                   
            reasonable hourly charge for Mr. Webb’s time and 56.75 is the                              
            number of excess hours he reasonably expended on this litigation.                          
            The lodestar amount for Mr. Webb’s time is $7,093.75.                                      
                  Respondent asks reimbursement for 10.25 hours of Ms. Zusi’s                          
            time, at a rate of $200 an hour.  Ms. Zusi is the abusive trust                            
            coordinating attorney for the Central California District of the                           
            IRS.  She has practiced law for more than 15 years, both with                              
            District Counsel and as a trial attorney and Assistant U.S.                                






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