Jerry and Patricia A. Dixon, et al. - Page 25

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          Fees Awards Act of 1976 (CRAFAA), see 42 U.S.C. sec. 1988 (2000),           
          a fee-shifting statute designed to encourage private enforcement            
          of civil rights laws).                                                      
          II. Entitlement to Relief Under Section 7430                                
               A.   Respondent’s Position                                             
               Respondent contends that petitioners are not entitled to any           
          relief under section 7430 because (1) they have failed to                   
          demonstrate that they “paid or incurred” the claimed fees and               
          expenses, and (2) respondent’s position on appeal was                       
          substantially justified.                                                    
               B.   Paid or Incurred Requirement                                      
                    1.   Overview                                                     
               Unlike certain other fee-shifting statutes, section 7430               
          generally allows the recovery of attorney’s fees only to the                
          extent such amounts have been paid or incurred.23  Sec.                     
          7430(a)(2), (c)(1)(B)(iii); see Frisch v. Commissioner, 87 T.C.             
          838, 844 (1986) (distinguishing CRAFAA, under which a court “may            
          allow the prevailing party * * * a reasonable attorney’s fee”);             
          cf. Blanchard v. Bergeron, 489 U.S. 87, 96 (1989) (fee award                
          under CRAFAA is not limited to the amount the prevailing party              
          owes his attorney pursuant to contingent fee agreement).  For               
          purposes of section 7430, fees are “incurred” when there is a               
          legal obligation to pay them.  E.g., Grigoraci v. Commissioner,             


          23 But see sec. 7430(c)(3)(B), providing an exception for                   
          pro bono services.                                                          



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