Helen E. Foy - Page 33

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         fees.  The billing records for both group accounts identify the              
         attorneys who performed work on the innocent spouse cases and set            
         forth the time expended by each attorney, the attorneys’ hourly              
         rates, and the nature of the work performed.23  Petitioner’s                 
         counsel contend in their supporting declarations that one group              
         of Hoyt investors (the general group) ranged in size from 97 to              
         75 members during the 14-month period that petitioner                        
         participated in the group fee arrangement and that petitioner’s              
         pro rata share of the general group’s fees was computed by                   
         dividing the total monthly charges equally among all members of              
         the group.  Petitioner’s counsel further contend that there                  
         existed a separate group of nine Hoyt investors, including                   
         petitioner (the litigation group), whose cases were set for trial            
         during the Court’s February 2004 trial session, and that the nine            
         Hoyt investors shared the total billing costs of trial                       
         preparation equally, with the exception of approximately 15 hours            
         that were allocated among the general group.  In addition,                   
         petitioner’s counsel produced a spreadsheet demonstrating how the            
         total monthly fees incurred by the general group of Hoyt investor            
         clients in January 2004 were divided equally among petitioner and            
         the other participants.                                                      

               23The billing records of the general group’s account appear            
          to be missing the first page of charges for April 2003 and pages            
          in March and December 2003, including monthly summary pages of              
          the total charges for March and December 2003.  See infra note              
          26.                                                                         




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