John M. & Rebecca A. Dunaway - Page 7

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               Respondent argues that petitioners are not entitled to                 
          recover anything for the value relating to petitioners’ research            
          time.                                                                       
               The courts have consistently held that under section 7430              
          pro se taxpayers may not be awarded an amount reflecting the                
          value of their personal time in handling the litigation, even               
          though fees taxpayers pay to attorneys to handle the litigation             
          would be recoverable.  See, e.g., Frisch v. Commissioner, 87 T.C.           
          838, 846-847 (1986) (pro se taxpayer, who also was an attorney,             
          not entitled to the value of his time in handling the                       
          litigation).  Petitioners are not entitled to an award under                
          section 7430 with respect to the value or costs relating to                 
          petitioners’ research time.                                                 
               Petitioners also argue that, at the least, they should be              
          able to recover wages petitioner lost on May 4, 2004, the day of            
          the Court hearing, a Monday on which petitioner would have worked           
          had it not been necessary to attend the hearing.  At the hearing,           
          petitioner acknowledged that he had paid vacation leave available           
          from his employer in order to attend the May 4, 2004, hearing,              
          but that he was not planning to take such paid leave.  The                  
          evidence does not indicate whether petitioner ultimately took               
          paid leave, and we do not know whether petitioner actually lost             
          any wages to attend the May 4, 2004, hearing.  For lack of                  
          substantiation and without deciding the legal issue as to whether           
          petitioner as a pro se litigant would have been entitled to                 
          recover as litigation costs an amount reflecting lost wages, we             





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