Jerry and Patricia A. Dixon, et al. - Page 61

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          -7.9 hours; (5) excessive preliminary research regarding section            
          7430 and attorney’s fees issues--42.6 hours (85.2 X 50% = 42.6);            
          and (6) time devoted to unsuccessful fee request claims--123.7              
          hours (119.2 hours of Binder’s time and 4.5 hours of Irvine’s               
          time).  The end result is a 327-hour reduction in the $150 time             
          (117 + 7.8 + 28 + 7.9 + 42.6 + 123.7 = 327), leaving 1,356.85               
          hours of $150 time.  The resulting amount is $205,631.50,                   
          determined as follows: [(1,356.85 X 150) + (1 X $140) + (0.7 X              
          $130) + (1.4 X $120) + (2 X $105) + (1 X $100) + (15.5 X $90] =             
          ($203,527.50 + $140 + $91 + $168 + $210 + $100 + $1,395) =                  
          $205,631.50.                                                                
                    c.   2006                                                         
               Taking into account the $160 rate cap in effect for 2006,              
          the PH petitioners claim 67.9 hours at $160 per hour and 2.5                
          hours at $140 per hour.52  The resulting amount is $11,214,                 
          determined as follows: [(67.9 X $160) + (2.5 X $140)] = ($10,864            
          + $350) = $11,214.                                                          
                    d.   Total                                                        
               The total amount of potentially compensable fees with                  
          respect to the PH petitioners’ fee request is $230,167.75                   



          52 In their final submission of fees and expenses, the PH                   
          petitioners seek to recover an additional $4,865 that Porter &              
          Hedges estimates it will incur in pursuing the fee request “until           
          this Court rules on this motion”.  We are not aware of any                  
          authority supporting such a request, nor do we see the need for             
          such additional fees and expenses under the circumstances.                  




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