- 36 - 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.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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