- 26 - 7430(a)(2), (c)(1)(B)(iii); see Frisch v. Commissioner, 87 T.C. 838, 844 (1986) (distinguishing the Civil Rights Attorney’s Fees Awards Act of 1976 (CRAFAA), 42 U.S.C. sec. 1988 (2000), under which a court “may allow the prevailing party * * * a reasonable attorney’s fee”); cf. Blanchard v. Bergeron, 489 U.S. 87, 96 (1989) (fee award under CRAFAA is not limited to the amount the prevailing party owes his attorney pursuant to contingent fee agreement). For purposes of section 7430, fees are “incurred” when there is a legal obligation to pay them. E.g., Grigoraci v. Commissioner, 122 T.C. 272, 277-278 (2004). In his opposition to the Izen fee request, respondent, referring to the $373,400.71 of fees and other expenses initially requested, asserts that “there is no showing that the Youngs have paid (or were obligated to pay) this or any other amount.” Respondent raised a similar argument with regard to the Binder/Minns fee requests. As we stated in Dixon VII: “Under the ‘real party in interest’ approach * * *, the fact that petitioners have not, by and large, paid or incurred the claimed fees and expenses does not render those amounts unrecoverable under section 7430.” Dixon v. Commissioner, T.C. Memo. 2006-97 at Part II.B.2. Rather, “the relevant inquiry is * * * whether the real parties in interest who did pay or incur those amounts satisfy the net worth requirement imposed by section 18(...continued) pro bono services.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011