Caspian Consulting Group, Inc. - Page 7

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          section 7430.  See Powers v. Commissioner, 43 F.3d 172, 183 (5th            
          Cir. 1995), affg. in part and revg. in part on another ground               
          T.C. Memo. 1993-125; Cozean v. Commissioner, 109 T.C. 227 (1997).           
          Petitioner has failed to establish that its attorney possessed              
          any nonlegal or technical abilities apart from his expertise in             
          tax law.  See Powers v. Commissioner, 43 F.3d at 183; Cozean v.             
          Commissioner, supra.  Petitioner, therefore, has failed to                  
          establish that a special factor existed which justifies an                  
          award in excess of the maximum rate provided in section                     
          7430(c)(1)(B)(iii).                                                         
          III.  Conclusion                                                            
               To summarize, we award petitioner litigation costs to the              
          extent described herein.  Based on the schedules submitted by               
          petitioner attached to the affidavits of William E. Taggart, Jr.            
          and using our best judgment, petitioner is entitled to attorney’s           
          fees for 79.05 hours at a rate of $150 per hour, totaling                   
          $11,857.50.  See Rule 232(d). Additionally, petitioner is                   
          entitled to the $196.95 of expenses it paid for costs and $730 in           
          clerk fees.                                                                 
               Moreover, petitioner is entitled to attorney’s fees for 10             
          hours in connection with the preparation of the motion for award            
          of litigation costs and related costs in the amount of $1,500 and           
          for 8 hours in connection with the preparation of petitioner’s              







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