Phuong K. Nguyen - Page 21




                                       - 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 factor                   






Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011