- 26 - 122 T.C. 272, 277-278 (2004). In that regard, respondent notes that none of the steering committee members who are jointly and severally liable for the Defense Fund’s obligations to Porter & Hedges is a party to the PH petitioners’ fee request. Similarly, respondent asserts that “[t]he Hongsermeiers have failed to show that they, as opposed to the Atlas Legal Defense Fund and/or its Steering Committee members, are personally liable for” Minns’s fees. Respondent further complains that the appellate fee requests are devoid of any evidence regarding the existence or amounts of petitioners’ contributions to the Defense Fund.24 2. Real Parties in Interest Under the “real party in interest” approach we adopted in our September 1, 2005 order (App. A), the fact that petitioners have not, by and large, paid or incurred the claimed fees and expenses does not render those amounts unrecoverable under section 7430. As one commentator has recognized in the context of the EAJA, even though that statute “states plainly that the award is to be made to the ‘prevailing party’”, “[t]his is not to say that the party named in the lawsuit is invariably the true litigant to whom an award is due.” Sisk, “The Essentials of the 24 Petitioners subsequently submitted schedules prepared by the business manager of the Defense Fund indicating that the Hongsermeiers and the Dixons contributed $3,900 and $3,000, respectively, to the Defense Fund during the years 2000-2003. Respondent does not suggest that contributions to the Defense Fund cannot qualify as amounts paid for purposes of sec. 7430. Cf. Grason Elec. Co. v. NLRB, 951 F.2d 1100, 1106 (9th Cir. 1991) (suggesting that fees requested under EAJA may have been paid through contributions to multiemployer association).Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011