- 35 - for both petitioner’s and the general group’s accounts lack detailed information regarding the number of Hoyt investor clients who participated in the fee arrangement in each of the relevant months, it is impossible to verify that the generic monthly charges for group fees that appear on the records for petitioner’s individual account are reasonable and were reasonably allocated among petitioner and the other Hoyt investor clients.25 Petitioner bears the burden of proving that the amount of costs claimed is reasonable. See Rule 232(e); Powers v. Commissioner, 100 T.C. 457, 491 (1993), affd. in part, revd. in part and remanded 43 F.3d 172 (5th Cir. 1995). We conclude that because petitioner has failed to fully substantiate her claim for a share of the general group’s fees, she is entitled to recover only a portion of the amount she claims. For purposes of computing the amount petitioner is entitled to recover, we shall assume that the composition of the general group of Hoyt investor clients remained constant at its greatest size, 97, throughout the 14-month period that petitioner participated in the group fee arrangement. Accordingly, we award petitioner $1,348.69, which 25Had petitioner produced documentation for each month that showed the number of clients who shared the fees, such as a spreadsheet similar to that produced for the January 2004 fee allocation, we could have properly determined whether the amount of costs petitioner claims was reasonable.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011