Dorene Bulger - Page 11

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          petitioner asserts that she meets all of the requirements under             
          section 7430 to recover litigation costs of $12,029.05.7  The               
          litigation costs petitioner claims were computed using an hourly            
          rate of $195 for two of petitioner’s attorneys and included a               
          claim of $6,354.05 for petitioner’s alleged share of attorney’s             
          fees (the group fees) that her attorneys had charged to two                 
          groups of similarly situated Hoyt investor clients with pending             
          section 6015 claims.  In support of the motion, petitioner’s                
          counsel attached billing records for petitioner’s account dated             
          March 15, 2003, through April 30, 2004, that described in detail            
          the attorney’s fees and costs petitioner incurred individually              
          and contained generic entries8 denoting monthly charges to                  
          petitioner’s account for her alleged share of the group fees.               
          Although petitioner alleged that the group fees were reasonable             
          and reasonably allocated to her, she did not include any                    
          supporting information or documentation with respect to the group           


               7Petitioner concedes that respondent’s administrative                  
          position was substantially justified and that she is not entitled           
          to administrative costs because respondent did not receive notice           
          of Mr. Bulger’s death until Mar. 13, 2003, the date the petition            
          was served on respondent.  Consequently, petitioner seeks only              
          those litigation costs incurred on or after Mar. 15, 2003.                  
               8Although petitioner agrees that the fee summary for her               
          account attached to the motion describes her share of the “Group            
          Innocent Spouse fees” as “flat” fees, petitioner contends that              
          the flat fee reference is simply the way in which the Pearson-              
          Merriam (petitioner’s attorneys’ law firm) billing program                  
          described sum certain fees.  Petitioner’s representation is                 
          supported by a declaration of petitioner’s counsel.                         





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