- 16 - reference and reproduce as the appendix, we concluded that “the reasoning of Cooter & Gell v. Hartmarx Corp., [496 U.S. 384 (1990),] precludes us from awarding appellate fees and expenses under section 6673.” We resolved instead to “treat the present movants as having revived their section 7430 claims” (i.e., those raised in the wake of Dixon III and rejected by the Court in Dixon IV on “prevailing party” grounds).10 With a nod to the Youngs’ previous objection to the Binder/Minns fee requests, we ordered the submission of net worth affidavits for all real parties in interest with respect to the Izen fee request and the Jones fee request. See Rule 231(b)(4); see also infra Part I.A. Specifically, we requested the affidavits of “those individuals who have made payments of the requested appellate fees and expenses to Mr. Izen--directly or through contributions to the Atlas Legal Defense Fund--or Mr. Jones or are otherwise liable for any portion of the requested appellate fees and expenses”.11 On May 10, 2006, we issued our opinion in Dixon v. Commissioner, T.C. Memo. 2006-97 (Dixon VII), awarding, under section 7430, $248,049.27 in respect of the PH appellants’ fee request and $158,562.50 in respect of the Hongsermeiers’ fee 10 Consistent with that approach, on Nov. 2, 2005, we ordered that all future filings pertaining to the Izen fee request be filed on behalf of the Adairs as well as the Youngs. 11 We had issued a similar order pertaining to the Binder/Minns fee requests on Sept. 1, 2005. See Dixon v. Commissioner, T.C. Memo. 2006-97 App. A.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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