Dorene Bulger - Page 13

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               On January 10, 2005, we received and filed petitioner’s                
          supplemental declaration, which contained billing records for               
          fees and costs petitioner’s attorneys had charged to common                 
          accounts for two separate groups of Hoyt investor clients.  The             
          billing records provided specific information about the nature of           
          the work performed for the benefit of both groups of Hoyt                   
          investor clients and included charges to common accounts that               
          were computed using an hourly rate of $195 for two of                       
          petitioner’s attorneys.  On January 27, 2005, we received and               
          filed respondent’s supplemental response to petitioner’s                    
          supplemental declaration.                                                   
                                     Discussion                                       
               Section 7430(a) authorizes the award of reasonable                     
          litigation costs to the prevailing party in court proceedings               
          brought by or against the United States in connection with the              
          determination of income tax.  In addition to being the prevailing           
          party, in order to receive an award of reasonable litigation                
          costs, a taxpayer must exhaust administrative remedies and not              
          unreasonably protract the court proceedings.  Sec. 7430(b)(1),              
          (3).  Unless the taxpayer satisfies all of the section 7430                 
          requirements, we do not award costs.  Minahan v. Commissioner, 88           
          T.C. 492, 497 (1987).                                                       
               Section 7430(c)(4)(A) and (B)(i) provides that a taxpayer is           
          a prevailing party if (1) the taxpayer substantially prevailed              






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