- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011