Helen E. Foy - Page 26

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         conclude that petitioner was the prevailing party as defined by              
         section 7430(c)(4)(A).                                                       
         B.  Reasonableness of Costs Claimed                                          
              1.   Amount of Costs Claimed                                            
              Section 7430 permits a taxpayer to recover both reasonable              
         administrative costs16 and reasonable litigation costs17.  The               
         amount of reasonable attorney’s fees that we may award is limited            
         by statute and adjusted for cost of living.18  Sec.                          
         7430(c)(1)(B)(iii) (and flush language).  A taxpayer may recover             
         attorney’s fees in excess of the statutory limit in the presence             
         of one or more of the following special factors:  (1) Limited                
         availability of qualified attorneys for the proceeding, (2)                  



               16Sec. 7430(c)(2) defines reasonable administrative costs to           
          mean the expenses, costs, and fees described in sec.                        
          7430(c)(1)(B) incurred on or after the earliest of the date of              
          the receipt by the taxpayer of the notice of decision of the                
          Appeals Office, the date of the notice of deficiency, or the date           
          on which the first letter of proposed deficiency that allows the            
          taxpayer the opportunity for administrative review by the Appeals           
          Office is sent.                                                             
               17Sec. 7430(c)(1) defines reasonable litigation costs to               
          include, among other things, reasonable court costs and                     
          reasonable fees paid or incurred for the services of attorneys in           
          connection with the court proceeding (attorney’s fees).                     
          Attorney’s fees are limited by statute and adjusted for cost of             
          living.  Sec. 7430(c)(1)(B)(iii) (and flush language).                      
               18Rev. Proc. 2001-59, 2001-2 C.B. 623, 628; Rev. Proc. 2002-           
          70, 2002-2 C.B. 845, 850; and Rev. Proc. 2003-85, 2003-2 C.B.               
          1184, 1190, respectively, provide that, for fees incurred in                
          calendar years 2002-2004, the attorney fee award limitation under           
          sec. 7430(c)(1)(B)(iii) is $150 per hour.                                   




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