- 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