- 19 - expertise, justifies a higher rate.” Sec. 7430(c)(1)(B)(iii).15 In addition, a court may not award fees with respect to any portion of the proceedings unreasonably protracted by the taxpayer. Sec. 7430(b)(3). Respondent publishes the inflation-adjusted rate cap on an annual basis. The hourly rate cap for fees incurred in 2000 and 2001 (the earliest years for which petitioners claim fees) is $140. Rev. Proc. 99-42, sec. 3.26, 1999-2 C.B. 568, 572; Rev. Proc. 2001-13, sec. 3.26, 2001-1 C.B. 337, 341. The hourly rate cap for fees incurred in 2002 through 2005 is $150. Rev. Proc. 2001-59, sec. 3.28, 2001-2 C.B. 623, 628; Rev. Proc. 2002-70, sec. 3.32, 2002-2 C.B. 845, 850; Rev. Proc. 2003-85, sec. 3.33, 2003-2 C.B. 1184, 1190; Rev. Proc. 2004-71, sec. 3.35, 2004-2 C.B. 970, 976. The hourly rate cap for fees incurred in 2006 is $160. Rev. Proc. 2005-70, sec. 3.36, 2005-47 I.R.B. 979, 985. B. Amplification of September 8, 2005 Order Before turning to our analysis under section 7430, we briefly revisit our September 8, 2005 order (app.) in the light of our recent Dixon VII opinion. 15 The latter two examples of special factors were added by the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3101(a)(2), (g), 112 Stat. 727, 729, effective for costs incurred after Jan. 18, 1999. All of the costs sought by petitioners were incurred after Jan. 18, 1999.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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