- 21 - pursuant to respondent’s offer to do so); (2) executing the form of decision (containing the stipulation against an award of costs, which required the Decision to be subsequently vacated); and (3) filing the Motion in Limine (which was not meritorious). We therefore hold that petitioner is not entitled to an award of costs with respect to the portion of the court proceeding that was protracted because of these matters. See sec. 7430(b)(3). D. The Amount of Reasonable Costs Mr. Gardner submitted various statements detailing costs and expenses with respect to representing petitioner in both the administrative and court proceedings. Those statements indicate that Mr. Gardner’s hourly rate was $175. Absent special factors, an award relating to attorney’s fees incurred in calendar year 1999 after January 18 of that year is $130 per hour and incurred in calendar years 2000 and 2001 is $140 per hour. See sec. 7430(c)(1)(B)(iii); O’Bryon v. Commissioner, T.C. Memo. 2000-379; Rev. Proc. 2001-13, 2001-3 I.R.B. 337, 341; Rev. Proc. 99-42, 1999-2 C.B. 568, 572; Rev. Proc. 98-61, 1998-2 C.B. 811, 816. In view of the noncomplex nature of the substantive issues presented by the notice of deficiency (i.e., filing status, dependency exemptions, earned income credit), and further in view of the fact that those issues were conceded by respondent in the no-change letter before Mr. Gardner was even retained, we find that no special factorPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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