- 17 - including this Court, uniformly allow an attorney’s fee award to include various out-of-pocket costs. See United States v. Sam Ellis Stores, Inc., 768 F. Supp. 286, 290 (S.D. Cal. 1991) (costs for mileage awarded), affd. 981 F.2d 1260 (9th Cir. 1992); Austin v. Commissioner, T.C. Memo. 1997-157 (costs for mileage and parking fees awarded); see also Powers v. Commissioner, 100 T.C. 457, 493 n.13 (1993) (itemized mileage and parking costs deemed conceded by respondent and awarded by the Court), affd. in part and revd. in part on other grounds 43 F.3d 172 (5th Cir. 1995). We perceive no material distinction between substantiated out-of-pocket costs recoverable by a taxpayer who is represented by an attorney and substantiated out-of-pocket costs incurred by a taxpayer who is not represented by an attorney. Also, with regard specifically to out-of-pocket costs incurred by pro se taxpayers, we perceive no distinction between those out-of-pocket costs conceded by respondent herein (such as postage and delivery costs) and those out-of-pocket costs that are disputed herein (such as mileage and parking fees). Neither type of out-of-pocket cost is specifically enumerated under section 7430(c)(1), and both types of out-of-pocket costs would appear to be recoverable only under a broad meaning of the word “includes” as used in section 7430(c)(1). Further, it is helpful to consider how courts have interpreted the specific word “includes” in the context of a number of different statutory provisions. Generally, the word “includes” is interpreted by the courts as a word of enlargement,Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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