Jerry and Patricia A. Dixon, et al. - Page 47

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          what we deem to be the four “core” categories (obtaining and                
          reviewing records, legal research, preparing briefs, and                    
          preparing for and attending oral argument), Izen claims 676.65              
          hours, Minns claims 779.18 hours (including Lawfinders’ time),              
          and Porter & Hedges claims 1,013.9 hours.  While it may be                  
          somewhat presumptuous for this Court to judge the relative merits           
          of the appellate briefs,42 we see no obvious justification for the          
          significantly greater number of hours claimed by Porter & Hedges            
          in these categories.  Assuming for these purposes that the                  
          subject hours claimed by Izen and Minns represent the low end and           
          the midpoint, respectively, of the range of reasonableness, we              
          reduce the Porter & Hedges figure by 130 hours so that the                  



          42 We do observe that it was Izen who hewed to the line that                
          the misconduct of respondent’s attorneys was a fraud on the                 
          Court, and that the primary relief to which all eligible                    
          petitioners should be entitled is the benefit of the Thompson               
          settlement.  Binder and Minns argued primarily for the complete             
          vacatur of this Court’s decisions, which would result in a                  
          complete win--no deficiencies--for the petitioners (although                
          Binder did suggest the Thompson settlement as an alternative).              
          In the light of hindsight, Izen’s approach has been vindicated;             
          the Court of Appeals in Dixon V adopted both his diagnosis and              
          his prescription without reservation.                                       
               Having said that, we do not mean to imply that all of Izen’s           
          appellate time was well spent.  He was the only attorney who                
          continued to argue that the Kersting tax shelters created valid             
          tax deductions, a position not only contrary to the holdings of             
          this Court in Dixon II and Dixon III, but also contrary to that             
          of the Court of Appeals for the Ninth Circuit in the related                
          promoter penalty case.  See Kersting v. United States, 206 F.3d             
          817 (9th Cir. 2000).  We also have the impression that                      
          considerable time was wasted at the appellate level in dealing              
          with Izen’s unsuccessful and unnecessary attempts to include                
          hundreds of nontest cases in the Adairs’ interlocutory appeal.              



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