- 9 - court proceedings. Respondent contends, however: (1) Petitioner has failed to establish that he meets the net worth requirements of 28 U.S.C. sec. 2412(d)(2)(B); (2) petitioner’s claimed attorney’s fees are not reasonable; (3) petitioner has failed to substantiate his litigation costs; and (4) petitioner should not be treated as the prevailing party because respondent’s position was substantially justified. Respondent also contends that petitioner is not entitled to recover litigation costs and attorney’s fees because petitioner recovered approximately $2.5 million in damages from his former accountant, Mr. Pearce, who failed to advise petitioner of the section 475(f) election. Respondent contends that an award of costs and fees in the instant case is tantamount to an award of punitive damages against respondent because the $2.5 million that petitioner recovered from Mr. Pearce far exceeds the litigation costs and fees sought by petitioner.2 Because we hold, for reasons stated below, that respondent’s position was substantially justified, we do not need to address the other issues remaining with respect to the instant motion.3 2We note that, in 2003, petitioner settled his claim against Mr. Pearce for failing to advise petitioner about the availability of the sec. 475(f) election for approximately $2.5 million. Petitioner also settled a claim against one of the brokerage houses that liquidated petitioner’s trading account for $1.75 million. 3Although we do not decide whether petitioner meets the $2 (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011