Timothy J. Coburn - Page 19

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          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.                  






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