Thomas Corson - Page 18

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          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.                                                                  





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