Barbara A. Owen - Page 32

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          Ms. Merriam.19  Because Ms. Gellner’s hourly rate does not exceed           
          the statutory limit, we find that her fees are reasonable and               
          award petitioner $2,919 for Ms. Gellner’s professional services.            
          Respondent does not object to the reasonableness of the costs               
          petitioner claims for contract assistance, for filing fees, for             
          postage, for online research, and for the services of legal                 
          assistants that were charged to her individual account.                     
          Consequently, we award petitioner those costs in the amount of              
          $699.96.20                                                                  
               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             

               19We compute the award of Ms. Merriam’s fees as follows:               
          3.2 hours multiplied by $150 hourly rate equals $480.                       
               20This figure includes the following costs:  $307.50 for               
          legal assistants, $315 for contract assistance, $60 for Tax Court           
          filing fee, $5.46 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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