- 25 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011