- 39 - The remaining costs of $281.64 are not clearly related to the Diplomat issue. Therefore, we shall allow petitioners 20 percent ($56.33) of those costs. Petitioners incurred costs $1,053 for 7.8 hours of paralegal services billed at the rate of $135 per hour from October 8 to December 3, 1998. This Court has awarded fees for paralegals and law clerks.2 See Powers v. Commissioner, 100 T.C. 457, 493 (1993), revd. on other grounds 43 F.3d 172 (5th Cir. 1995); Malamed v. Commissioner, T.C. Memo. 1993-1. Nevertheless, we find the $135 hourly rate, which is higher than those for some of the attorneys, unreasonable. Considering that most of the paralegal work consisted of filing and document organization, we reduce the hourly billing rate to $60, one-half of the attorney rate. See, e.g., Powers v. Commissioner, supra; Pietro v. Commissioner, T.C. Memo. 1999-383. Additionally, since the only documents petitioners provided respondent to support the deductions related to the Diplomat issue was a copy of their legal argument, the paralegal work was related primarily to other issues. Therefore, we shall allocate only 10 percent of the paralegal time ($46.80) to the Diplomat issue. 2Counsel for petitioners included hourly fees for services provided by a paralegal in the statement for attorney's fees. We award attorney's fees only to attorneys as defined in sec. 7430(c)(3). See also Rules 200, 230(b)(7). We consider paralegal fees as part of the costs or expenses but not as attorney's fees.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011