Tan Dang & Ke T. Chaw Dang v. Commissioner - Page 2




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               2.  Whether petitioners are entitled to an award of                    
          attorney’s fees at an hourly rate higher than $140.  We hold that           
          they are not.                                                               
               The parties submitted memoranda and affidavits supporting              
          their positions.  We decide the motion based on those memoranda             
          and affidavits.  We conclude that a hearing is not necessary to             
          decide this motion.  Rule 232(a)(2).                                        
               Section references are to the Internal Revenue Code in                 
          effect for the years in issue.  Rule references are to the Tax              
          Court Rules of Practice and Procedure.                                      
                                     Background                                       
          A.   Petitioners                                                            
               Petitioners are husband and wife who resided in California             
          when they filed the petition.                                               
          B.   Dang v. Commissioner, T.C. Memo. 2002-117                              
               Petitioners owned a grocery store (Manwah) that was failing            
          in 1995, 1996, and 1997.  About half of the purchases at Manwah             
          were made with food stamps.  Manwah was located in an                       
          economically depressed area of Los Angeles.  Six of the seven               
          grocery stores in that area had closed by the time of trial.                
               Petitioners gave respondent’s agent daily summaries or tapes           
          of Manwah’s sales for 331 days for 1995, 6 months for 1996, 9               
          months for 1997, and all of 1998.                                           








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