Helen E. Foy - Page 35

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         reasonableness of the allocation.  The composition of the general            
         group of Hoyt investors varied from month to month as clients                
         chose to dismiss their claims or became widowed or divorced and              
         sought relief only under section 6015(c).  Because the billing               
         records for both petitioner’s and the general group’s accounts               
         lack any factual detail regarding the number of Hoyt investor                
         clients who participated in the fee arrangement in each of the               
         relevant months, it is impossible to verify that the generic                 
         monthly charges for group fees that appear on the records for                
         petitioner’s individual account are reasonable and were                      
         reasonably allocated among petitioner and the other Hoyt                     
         investors clients.25                                                         
              Petitioner bears the burden of proving that the amount of               
         the costs claimed is reasonable.  Rule 232(e); Powers v.                     
         Commissioner, 100 T.C. at 491.  We conclude that because                     
         petitioner has failed to fully substantiate her claim for a share            
         of the general group’s fees, she is entitled to recover only a               
         portion of the amount she claims.  For purposes of computing the             
         amount petitioner is entitled to recover, we shall assume that               
         the composition of the general group of Hoyt investor clients                


               25Had petitioner produced documentation for each month that            
          showed the number of clients who shared the fees, such as a                 
          spreadsheet similar to that produced for the January 2004 fee               
          allocation, we could have properly determined whether the amount            
          of costs petitioner claims was reasonable.                                  





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