Linda A. Fields - Page 23




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          other attorney’s fees in this case.  As determined above,                   
          petitioner is entitled to recover $22,969, or approximately 60              
          percent, of her $37,998 of potentially recoverable attorney’s               
          fees relating to the underlying dispute.  Applying that                     
          percentage to the $8,575 of fees relating to the prosecution of             
          the motion, we find that petitioner is entitled to recover $5,145           
          of such fees.                                                               
                    3.  Other Costs                                                   
               Petitioner claims additional litigation costs of $1,068.48.            
          Of that amount, $318.50 is attributable to paralegal and legal              
          assistant time entries pertaining solely to the fraud issue.13              
          We conclude that petitioner is entitled to recover such fees in             
          proportion to her recovery of the fraud defense amount.  As                 
          determined above, petitioner is entitled to recover $22,969, or             
          approximately 74 percent, of the $31,204 fraud defense amount.              
          Applying that percentage to the $318.50 of paralegal and legal              
          assistant fees, we find that petitioner is entitled to recover              
          $236 of such fees.                                                          
               We are unable to discern from the record the portion of                
          petitioner’s remaining costs of $749.98 that is attributable to             
          the fraud issue.  Applying the 60 percent “success ratio” that we           


               13  Petitioner actually included the paralegal and legal               
          assistant fees in her claim for attorney’s fees.  We treat such             
          claim as a claim for litigation costs other than attorney’s fees.           
          See O’Bryon v. Commissioner, T.C. Memo. 2000-379 at n.2.                    





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