- 34 - 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 conferencePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011