- 18 - proceeding, (2) difficulty of the issues presented in the case, or (3) local availability of tax expertise. Sec. 7430(c)(1)(B)(iii). Respondent contends that the costs petitioner claims are unreasonable, because the $250 per hour fee arrangement between petitioner and Mr. Benda exceeds the statutory limit, and petitioner has not shown that any of the three special factors applies. On the other hand, petitioner asserts that this case involves an uncommon and difficult issue, which entitles him to the full amount of attorney’s fees incurred in connection with the court proceeding.11 We disagree with petitioner that he is entitled to enhanced attorney’s fees. Petitioner has not established that the issue in this case is of sufficient difficulty to qualify as a special factor under section 7430(c)(1)(B)(iii). We award petitioner reasonable litigation costs in the amount of $1,631.32. We have considered the remaining arguments of both parties for results contrary to those expressed herein, and, to the extent not discussed above, we find those arguments to be irrelevant, moot, or without merit. 11Although petitioner established that Mr. Benda was qualified to act as petitioner’s attorney in this proceeding, petitioner submitted no evidence with respect to the availability of qualified attorneys or the local availability of tax expertise.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011