Images in Motion of El Paso, Inc. - Page 34

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          his answer respondent merely relied on the conclusions set forth            
          in the notice of determination.  The Appeals officer provided a             
          fresh review of the issue and concluded that petitioner had a               
          significant chance of prevailing.  Accordingly, respondent’s                
          concession of the ultimate issue is not a special factor under              
          section 7430(c)(1)(B)(iii).                                                 
               We therefore hold that petitioner is entitled to the                   
          statutory per-hour fee of $150.                                             
               3.   The Specific Items Respondent Takes Issue With                    
               Section 7430(c)(1) provides that reasonable litigation costs           
          include, inter alia, “reasonable fees paid or incurred for the              
          services of attorneys in connection with the court proceeding”.             
          Respondent takes issue with some of the fees petitioner’s counsel           
          claims, arguing that they were not in connection with this                  
          proceeding.  The items respondent takes issue with are as                   
          follows:                                                                    

                   Date                Claimed Item             Hours                 
                 10/8/02        Conference with new             2.25                  
                                client                                                
                 10/9/02        Lengthy analysis of             7.75                  
                                Federal tax laws per                                  
                                3121, relief under Act                                
                                530, CSP program                                      
                                relief,  procedural                                   
                                circumstances                                         
                 10/16/02       Draft of request                 .50                  
                                for Appeals Office                                    
                                conference                                            






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