Thomas Corson - Page 17

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          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 the           






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