- 19 - petitioner’s attorneys; (2) the hourly rates charged by petitioner’s attorneys are consistent with the hourly rates prevailing in the community for the type of work involved, as demonstrated by the affidavits of Connecticut tax attorneys Samuel M. Hurwitz and Mark G. Sklarz; (3) petitioner’s attorneys possessed expertise in both tax law and relevant Massachusetts commercial law; (4) the representation of petitioner was made more difficult by respondent’s changing legal theory during the court proceeding; (5) the effectiveness of petitioner’s representation is demonstrated by the Court’s holding in Coburn I; and (6) respondent rejected numerous offers from petitioner to settle the matter. We conclude that petitioner has not established that there was a limited availability of qualified attorneys for the instant proceedings, that there was a limited availability of tax expertise, or that the issues presented in Coburn I were of sufficient difficulty to qualify as a special factor under section 7430(c)(1)(B)(iii). Accordingly, we limit the award of the aforementioned attorney’s fees to the statutory rate of $150 per hour. Finally, we turn to our analysis of whether the amount of costs petitioner seeks is reasonable. Those claimed costs include (1) fees of $608.50 for the services of paralegals, clerks, and law clerks and (2) disbursements of $6,074.81.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011