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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
8(...continued)
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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Last modified: May 25, 2011