- 15 - Binder ever substituted in on this appeal [No. 01- 70155] as their attorney of record. * * * On the same day, Izen filed a motion in the Adair appeal (docket No. 01-70155) to transfer consideration of appellate attorney’s fees to the Tax Court. See 9th Cir. R. 39-1.8. Jones made no filing on behalf of any of the Jones petitioners under either Ninth Circuit rule 39-1.6 or 39-1.8. The Court of Appeals granted Izen’s motion to transfer under Ninth Circuit rule 39-1.8 on May 8, 2003. On May 28, 2003, the Court of Appeals remanded the Binder/Minns fee requests to the Tax Court “for a determination of entitlement and, if warranted, amount.” On May 19, 2005, more than 2 years after the Court of Appeals had granted his motion to transfer under Ninth Circuit rule 39-1.8 in the Adair appeal, Izen filed in this Court, on behalf of the Youngs, a motion for appellate attorney’s fees and expenses under section 6673 (the Izen fee request). On July 15, 2005, Jones filed a similar motion in this Court on behalf of the Jones petitioners (the Jones fee request).9 In a September 8, 2005 order pertaining to both the Izen fee request and the Jones fee request, which we incorporate by 9 To update the story regarding Sticht’s appellate fees, see Dixon v. Commissioner, T.C. Memo. 2006-97 n.12., the Court has been given to understand that Sticht and respondent are close to completion of a comprehensive stipulation and submission regarding the fee claims of participating nontest case petitioners represented by Sticht.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011