- 33 - it imposed a requirement that taxpayers show prejudice as a result of the misconduct.” Id. Taking our cue from Henry v. Commissioner, supra, we conclude that, given the foregoing language of the Court of Appeals in Dixon V, respondent’s position in Dixon III was not substantially justified. Cf. Golembiewski v. Barnhart, 382 F.3d 721, 724 (7th Cir. 2004) (“Strong language against the government’s position in an opinion [of a reversing appellate court] discussing the merits of a key issue is evidence in support of an award of EAJA fees.”). D. Conclusion We conclude that petitioners are entitled to relief under section 7430. III. Amount of Award A. Respondent’s Position Respondent argues that, even if petitioners are entitled to relief under section 7430, we should determine the amounts of their awards by giving effect to section 7430’s hourly rate cap and by denying compensation for services respondent alleges are “redundant, excessive and unnecessary.”29 B. Applicability of Statutory Rate Cap The rate cap to which fee awards under section 7430 are generally subject applies “unless the court determines that * * * a special factor, such as the limited availability of qualified 29 Respondent does not quantify that argument in terms of noncompensable hours.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011