Mardi Rustam - Page 10

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          based on prevailing market rates.  Sec. 7430(c)(1)(B).                      
          Attorney’s fees, generally, are capped at $125 per hour, with an            
          adjustment for inflation.  Sec. 7430(c)(1).                                 
               We understand petitioner’s position to be that he                      
          substantially prevailed with respect to the most significant                
          issue or set of issues presented pursuant to section                        
          7430(c)(4)(A)(i)(II).  Without elaboration, petitioner contends             
          that he prevailed with respect to respondent’s motion to dismiss            
          or with respect to petitioner’s own motion for reasonable                   
          litigation costs.  Petitioner makes no contention as to whether             
          the position of respondent was substantially justified or whether           
          petitioner satisfied the net worth requirements of section                  
          7430(c)(4)(A)(ii).  Petitioner requests litigation costs of                 

                         the services of attorneys in connection with the             
                         court proceeding, except that such fees shall not            
                         be in excess of $125 per hour unless the court               
                         determines that an increase in the cost of living            
                         or a special factor, such as the limited                     
                         availability of qualified attorneys for such                 
                         proceeding, the difficulty of the issues presented           
                         in the case, or the local availability of tax                
                         expertise, justifies a higher rate.                          
               In the case of any calendar year beginning after 1996, the             
               dollar amount referred to in clause (iii) shall be increased           
               by an amount equal to such dollar amount multiplied by the             
               cost-of-living adjustment determined under section 1(f)(3)             
               for such calendar year, by substituting “calendar year 1995"           
               for “calendar year 1992" in subparagraph (B) thereof.  If              
               any dollar amount after being increased under the preceding            
               sentence is not a multiple of $10, such dollar amount shall            
               be rounded to the nearest multiple of $10.                             

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