- 34 - respect to the litigation group of Hoyt investor clients, we award petitioner $3,577.22, which represents a one-ninth share of the attorney’s fees adjusted to an hourly rate of $150 and costs.24 The problem with petitioner’s attempt to recover her allocable portion of the general group’s fees and costs is that the information provided does not enable us to fully evaluate the reasonableness of the group fees or the reasonableness of the allocation. The composition of the general group of Hoyt investors varied from month to month as clients chose to have their claims dismissed or became widowed and divorced and sought relief only under section 6015(c). Because the billing records 24We compute petitioner’s share of the litigation group’s fees and costs as follows: $37,667 (total fees and costs incurred by litigation group), minus $13,962 (total attorney’s fees incurred at $195 hourly rate), plus $10,740 (total attorney’s fees incurred at $195 hourly rate adjusted to hourly rate of $150), minus $2,250 (15 hours of work performed at $150 hourly rate), divided by 9 (members of litigation group), equals $3,577.22. We subtracted 15 hours of work performed at an hourly rate of $150 in computing the total amount of fees and costs incurred by the litigation group because petitioner’s counsel stated that approximately 15 billable hours shown on the billing records of the litigation group’s account were actually charged to members of the general group. Because petitioner’s counsel have failed to identify the nature of the work or hourly rate for those 15 hours, we assume that they were billed at the highest hourly rate allowed. Further, we do not add any charges for the 15 hours to the total costs and fees incurred by the general group of Hoyt investors in computing petitioner’s share of that group’s fees and costs because we lack any information about the 15 hours of work performed.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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