Barbara A. Owen - Page 33

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          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.                                                    
               Petitioner’s attorneys represent many Hoyt investors.  It is           
          not surprising or unreasonable that they would perform certain              
          legal work for the common benefit of similarly situated clients.            
          Under certain circumstances, it may be both efficient and                   
          economical for an attorney to allocate the fees and costs for               
          legal research and other legal work benefiting several clients              
          equitably among those clients as long as the clients agree, the             
          fees and costs are reasonable, and the attorney appropriately               
          allocates the common legal work.  See, e.g., Minahan v.                     
          Commissioner, 88 T.C. 516 (1987), and Minahan v. Commissioner, 88           
          T.C. 492 (1987), in which we allocated common costs among several           
          taxpayers who were represented by the same attorneys under an               
          agreement that provided for the sharing of costs.  Moreover,                
          legal work that benefits multiple clients is no less relevant to            
          an administrative or court proceeding than work performed solely            
          for one client.  If the work is performed for multiple clients              
          and enables an attorney to properly represent a particular client           
          in the administrative or court proceeding described in section              






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