Helen E. Foy - Page 31

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         Respondent does not object to the reasonableness of the costs                
         petitioner claims for the services of legal assistants, contract             
         assistance, filing fees, postage, and online research that were              
         charged to her individual account.  Consequently, we award                   
         petitioner those costs in the amount of $1,350.34.22                         
              4.   Allocation of Group Fees                                           
              We next decide whether the attorney’s fees and costs for                
         petitioner’s share of the group fees are reasonable and were                 
         reasonably allocated among petitioner and the other Hoyt investor            
         clients.  Section 7430(a) authorizes an award of reasonable                  
         administrative and litigation costs incurred in connection with              
         an administrative or court proceeding brought by or against the              
         United States with respect to the determination, collection, or              
         refund of any tax.  In order for costs, including attorney’s                 
         fees, to qualify as reasonable litigation or administrative                  
         costs, they must come within the relevant definitions, sec.                  
         7430(c)(1) and (2), and they must be incurred in connection with             
         a qualifying proceeding.                                                     

               22This figure includes the following costs:  $772.50 for               
          legal assistants, $500 for contract assistance, $60 Tax Court               
          filing fee, $5.84 for postage, and $12 for online research.                 
               Only costs for the services of an individual who is admitted           
          to practice before this Court or the Internal Revenue Service may           
          be awarded as attorney’s fees.  Sec. 7430(c)(3)(A).  We award               
          fees for work performed by legal assistants, therefore, as costs,           
          rather than as attorney’s fees.  See Fields v. Commissioner, T.C.           
          Memo. 2002-320; O’Bryon v. Commissioner, T.C. Memo. 2000-379.               





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