- 9 - fees under section 7430(c)(1)(B)(iii), should be allowable as “reasonable litigation costs” under section 7430(c)(1)(B)(ii). In effect, the estates’ contention is that to the extent that the Jones firm’s fees are not recoverable as attorney fees, they should be allowed as expert witness fees or costs of a study, analysis, engineering report, test, or project which was necessary for the preparation of the estates’ cases. We have held that the Jones firm’s fees are allowable as attorney’s fees under section 7430(c)(1)(B)(iii) and that such fees were limited to the adjusted statutory hourly rate. To hold that amounts in excess of the adjusted statutory hourly rate are permissible under section 7430(c)(1)(B)(ii) would thwart the statutory limit and circumvent the intent of that limitation. Although we hold that the Jones firm’s fees were necessary to the estates’ preparation and presentation of their case, they are attorney fees and not recoverable as other costs associated with the litigation. In other words, the estates cannot have it both ways. We therefore hold that no portion of the Jones firm’s fees that exceed the adjusted statutory hourly rate are permissible as costs under section 7430(c)(1)(B)(ii). Has There Been a Duplication of Litigation Fees? Respondent next contends that because the valuation issue involved the same assets and issues in both estates, the attorney’s fees and litigation costs were duplicated.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011