Brian G. Takaba - Page 30




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          stifle the enthusiasm or chill the creativity that is the very              
          lifeblood of the law.  Edwards v. Commissioner, T.C. Memo. 2002-            
          169 (quoting Greenhouse v. United States, 780 F. Supp. 136, 144             
          (S.D.N.Y. 1991)).  We do not intend by today’s ruling to stifle             
          the enthusiasm or chill the creativity of counsel in this Court.            
          Counsel, however, must reject arguments that he knows to be                 
          frivolous.  If he advances arguments that he knows, or should               
          know, risk being dismissed as frivolous, he risks the imposition            
          on him of the opposing party’s excess costs.                                
                    4.  Costs                                                         
               “Attorney’s fees awarded under section 6673(a)(2) are to be            
          computed by multiplying the number of excess hours reasonably               
          expended on the litigation by a reasonable hourly rate.  The                
          product is known as the ‘lodestar’ amount.”  Harper v.                      
          Commissioner, 99 T.C. at 549.  To assist us in computing the                
          lodestar amount, respondent has provided us with the declarations           
          of attorneys David L. Lau and Peter R. Hochman (the Lau and                 
          Hochman declarations, respectively).  Attached to the Lau                   
          declaration is a copy of respondent’s internal time keeping                 
          records, showing the total time expended on this case by, among             
          others, Messrs. Lau and Hochman.  In the Lau and Hochman                    
          declarations, Messrs. Lau and Hochman calculate their time,                 
          dating from Mr. Sulla’s appearance, spent working on this case              








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