- 24 - attorney misconduct that marred the test case trial by charging him the full amount of petitioners’ attorney’s fees relating to the Tax Court proceedings necessitated by that misconduct, subject only to the requirement that such amounts have been reasonably incurred.21 Because that misconduct did not extend to the appellate proceedings, petitioners are relegated to the applicable fee-shifting provision--section 7430, with its hourly rate cap and eligibility requirements--with regard to their appellate fee requests.22 Cf. Hutto v. Finney, 437 U.S. 678, 689 & n.13, 693 & n.21 (1978) (Court separately analyzes fee awards ordered by the District Court and the Court of Appeals, respectively; whereas the trial court’s award was adequately supported by its finding of bad faith, the appellate court’s award, not supported by any finding of bad faith at the appellate level, could only be sustained under the Civil Rights Attorneys 21 Specifically, sec. 6673(a)(2)(B) provides that, whenever respondent’s attorneys have unreasonably and vexatiously multiplied proceedings in this Court, the Court may require the United States to pay the excess attorney’s fees and other litigation costs reasonably incurred because of such conduct. Although we imposed substantial percentage reductions in our fee awards under sec. 6673(a)(2) in Dixon IV, those reductions were attributable to counsel’s various failures to substantiate their claims in their entirety. 22 We note further that (1) sec. 6673(a)(2) by its terms appears to be limited to Tax Court proceedings, and (2) inasmuch as petitioners filed their appellate fee requests with the Court of Appeals under sec. 7430, our evaluation of those requests under sec. 6673(a)(2) or the bad faith exception arguably would be outside the scope of the Court of Appeals’ mandate. Cf. Pollei v. Commissioner, 94 T.C. 595 (1990).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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