- 17 - agreements. In responding to petitioner’s argument, Appeals Officer Sivick did not address the content of the settlement agreements or their possible effect on petitioner’s 1983 taxable year. Indeed, the substance of Appeals Officer Sivick’s response suggests that he was unaware of the settlement agreements’ relevance to petitioner’s tax matter. Overall, petitioner made a reasonable and good-faith effort to disclose to Appeals Officer Sivick all relevant information in the context and development of the case at the time of the conference. See Allen v. Commissioner, T.C. Memo. 2002-302. Accordingly, we conclude that petitioner exhausted the administrative remedies available to him. C. Reasonableness of Costs Claimed Section 7430(c)(1) defines reasonable litigation costs to include, among other things, reasonable court costs and reasonable fees paid or incurred for the services of attorneys in connection with the court proceeding (attorney’s fees). Attorney’s fees are limited by statute and adjusted for cost of living. Sec. 7430(c)(1)(B)(iii) (and flush language). For purposes of this motion, the statutory rate for attorney’s fees is $150 per hour. See Rev. Proc. 2002-70, 2002-2 C.B. 845, 850. A taxpayer may recover attorney’s fees in excess of the statutory limit in the presence of one or more of the following special factors: (1) Limited availability of qualified attorneys for thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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