Phillip A. O'Bryon and Cyndie W. O'Bryon - Page 39




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               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.                                                            





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