- 32 -
39 F.2d 540, 544 (2d Cir. 1930); see also Malamed v.
Commissioner, T.C. Memo. 1993-1 (quoting Cohan in the section
7430 context).
First, petitioners may not recover for attorney's fees and
costs incurred before June 24, 1998, the date of the notice of
deficiency. See sec. 7420(c)(2). Second, petitioners may
recover reasonable fees and reasonable costs specifically and
clearly incurred in connection with the Diplomat Associates
issues. Third, petitioners may not recover fees and costs
clearly unrelated to the Diplomat Associates issues. Fourth,
petitioners may recover only a portion of the remaining fees and
costs for which specific issues were not identified.
Attorney's Fees
Petitioners' counsel submitted a billing statement showing
the amount of time each of attorneys Frederic N. Widen, Caleb J.
McArthur, Randy S. Newman, and M. Collette Gibbons expended in
representing petitioners in both the administrative and the court
proceedings.
The billing statement indicates that Mr. Widen's hourly rate
was $275 from 1998 to January 28, 1999, $280 from March 17, 1999,
through January 28, 2000, and $290 from February 4, 2000, through
March 20, 2000; that Mr. McArthur's rate was $110 throughout
1998; that Mr. Newman's rate was $120 from March 31, 1999,
through September 13, 1999 and $130 from February 4, through
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