Victor & Judith A. Grigoraci - Page 6

                                        - 6 -                                         
          The only dispute is what additional amount of reasonable costs,             
          if any, petitioners may recover pursuant to section 7430.                   
               In general, petitioners bear the burden of proving that they           
          meet the requirements of section 7430.  Rule 232(e); Grant v.               
          Commissioner, 103 F.3d 948, 952 (11th Cir. 1996), affg. per                 
          curiam T.C. Memo. 1995-374; Gantner v. Commissioner, 92 T.C. 192,           
          197 (1989), affd. 905 F.2d 241 (8th Cir. 1990).                             
          B.  Petitioners’ Claimed Litigation and Administrative Costs                
               Petitioners request an award for the following claimed costs           
          and fees:                                                                   
               1.  Administrative personnel expenses of $5,395.6  These               
          claimed expenses consist of charges for professional services               
          rendered by Pamela S. Lyons, who is a secretary for GTWP, Gina              
          West (a.k.a. Gina Grigoraci), who is the office manager for GTWP,           
          and three other GTWP secretaries.  The supporting affidavits                
          indicate that all these GTWP employees were acting under the                
          “direct supervision” of petitioner Victor Grigoraci.  The                   
          supporting affidavits also indicate that the charges were based             
          on the time billed by these employees, using the lowest                     
          “customary” GTWP billing rates for the relevant time periods.7              


               6 This amount includes $240 of secretarial expenses that               
          petitioners allege they have incurred defending their request for           
          litigation and administrative costs.                                        
               7 The affidavits indicate that the rates increased over time           
          from $38 per hour to $40 per hour.                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011