- 23 - Spaid’s response, we will order Ms. Spaid to reimburse respondent for 54 hours of Ms. Zusi’s time and 11.25 of Ms. Moe’s time. See appendix. We find that the $200 hourly rate requested by respondent is reasonable. See Nis Family Trust v. Commissioner, 115 T.C. 523, 552 (2000) (holding that $200 an hour was a reasonable rate for both Ms. Zusi and Ms. Moe). Accordingly, the lodestar amount is $10,800 for Ms. Zusi’s time and $2,250 for Ms. Moe’s time. Respondent has not itemized costs for travel expenses, photocopying, or supplies used in preparing the case, nor for the time spent in preparing respondent’s affidavit. Respondent limits his request for costs to the lodestar amount. We shall require Ms. Spaid to pay $13,050 in respondent’s excess costs reflecting the total lodestar amount. Conclusion In the case at hand, petitioner took frivolous and groundless positions and unreasonably failed to pursue available administrative remedies. We believe $24,000 is a substantial but appropriate penalty for petitioner to pay the United States under section 6673(a)(1). Therefore, the decision to be entered against petitioner, in addition to determining the deficiencies and section 6662(a) accuracy-related penalties, will require petitioner to pay a penalty of $24,000 to the United States pursuant to section 6673(a)(1).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011