Dorene Bulger - Page 36

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          represents a one-ninety-seventh share of the general group’s                
          attorney’s fees adjusted to an hourly rate of $150 and costs                
          incurred on or after March 15, 2003.26                                      
               5.   Conclusion                                                        
               To summarize, we award petitioner the following attorney’s             
          fees and costs:27                                                           











               26Although the billing records submitted for the general               
          group’s account were incomplete, see supra note 23, we were able            
          to construct a complete set of billing records using the records            
          submitted in related cases involving motions for litigation costs           
          that were filed by other members of the general group of Hoyt               
          investors.  See Foy v. Commissioner, T.C. Memo. 2005-116; Owen v.           
          Commissioner, T.C. Memo. 2005-115.  We compute petitioner’s share           
          of the general group’s fees and costs as follows:  $152,710.78              
          (fees and costs incurred by the general group of Hoyt investors             
          on or after Mar. 15, 2003), minus $94,848 (attorney’s fees                  
          incurred at an hourly rate of $195 on or after Mar. 15, 2003),              
          plus $72,960 (attorney’s fees incurred at $195 hourly rate on or            
          after Mar. 15, 2003, adjusted to hourly rate of $150), divided by           
          97 (members of Hoyt investor group), equals $1,348.69.                      
               27Because respondent makes no argument as to the                       
          reasonableness of his position regarding his denial of relief               
          from joint and several liability under sec. 6015(b) and (f), we             
          do not apportion petitioner’s award of attorney’s fees according            
          to whether respondent’s positions with respect to sec. 6015(b),             
          (c), or (f) were substantially justified.  See Swanson v.                   
          Commissioner, 106 T.C. 76, 102 (1996); Rowe v. Commissioner, T.C.           
          Memo. 2002-136; O’Bryon v. Commissioner, T.C. Memo. 2000-379.               




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