Barbara A. Owen - Page 38

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               5.   Conclusion                                                        
               To summarize, we award petitioner the following attorney’s             
          fees and costs:25                                                           
                              Time     Hourly                                         
          Attorney/Item        expended    rate    Total cost                         
          Wendy Pearson       10.00 hours  $150     $1,500.00                         
          Terri Merriam       3.20 hours   150         480.00                         
          Jennifer Gellner      16.60 hours   150      2,490.00                       
          Jennifer Gellner       3.90 hours   110      429.00                         
          Costs                    --          --        699.96                       
          Share of Group Fees                                                         
               and Costs1          --        --        5,879.17                       
                    Total fees and costs awarded:  11,478.13                          
               1Petitioner’s award for her share of group fees and costs              
          includes $3,577.22 (share of fees from litigation group of Hoyt             
          investors) and $2,301.95 (share of fees from general group of               
          Hoyt investors).                                                            
          C.   Conclusion                                                             
               We have carefully considered all remaining arguments made by           
          the parties for results contrary to those expressed herein, and,            
          to the extent not discussed above, we find those arguments to be            
          irrelevant, moot, or without merit.                                         




               25Respondent does not contend that the fees and costs at               
          issue here must be traced and allocated to the various positions            
          taken by the parties under sec. 6015, nor does he contend that              
          his positions under sec. 6015(b) and (f) were substantially                 
          justified.  Moreover, respondent’s failure to timely and properly           
          evaluate petitioner’s sec. 6015(c) argument, in our view, was               
          responsible for the legal work expended on arguments for relief             
          under sec. 6015(b) and (f).  Consequently, we have not attempted            
          to allocate the fees and costs to the various arguments made by             
          the parties under sec. 6015.                                                




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