- 7 - To the extent that any of the Jones firm fees are not found to constitute “reasonable litigation costs” under section 7430(c)(1)(B)(iii), the estates contend that they are “reasonable litigation costs” under section 7430(c)(1)(B)(ii) which include “the reasonable cost of any study, analysis, engineering report, test, or project which is found by the court to be necessary for the preparation of the party’s case”. We agree with the estates that the Jones firm’s fees are allowable to the extent permissible under section 7430(c)(1)(B)(iii). We do not agree that the fees would be allowable as costs under section 7430(c)(1)(B)(ii), to the extent not allowable as attorney’s fees under section 7430(c)(1)(B)(iii). From the Court’s point of view Attorney Benjamin and the Jones firm were acting as “attorneys” and not “experts” in the setting of this case. That point of view is in accord with our ruling that Attorney Benjamin’s report was a legal brief and coincides with the fact that the report was not received as direct testimony under Rule 143(f). There was a need for legal analysis on the legal question of co-ownership and partition in Louisiana. Indeed, the subject report was relied upon by the estates and attached to the estates’ posttrial brief. As such, the subject report was considered by the Court and parties in connection with their legal analysis of the valuation issues,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011