Dorene Bulger - Page 35

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          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.                                  




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