- 30 - 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 casePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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