Hoyt W. and Barbara D. Young, et al. - Page 45

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          devoted to fee request preparation, which approximates the 36               
          hours Izen separately claims to have devoted to that task.32  We            
          therefore conclude that the 36 hours separately referenced in               
          Izen’s latest affidavit are accounted for in the initial fee                
          request (28.5 hours) and his new claim for May 12, 2005 (8.0                
          hours).  Disallowance of the duplicate claim for 36 hours, as               
          well as the duplicate claim for 7.33 hours on May 10, 2005,                 
          results in a downward adjustment of 43.33 hours.                            
                    h.   Miscellaneous Additional Adjustments                         
               We have identified an additional 23 time entries (only 3 of            
          which exceed 0.33 hours) that either (1) pertain to matters that            
          are unrelated to, or are only marginally related to, the                    
          appellate proceedings or the Izen fee request, or (2) are                   
          insufficiently descriptive to establish the required nexus.  The            
          first category includes two entries relating to the Izen/Jones              
          motion for trial fees that we ruled on in Dixon IV and three                
          entries relating to parallel State tax proceedings.  The second             
          category includes unexplained references such as “letter                    
          requesting trust documents from Darrell Hatcher” and “handwritten           




          32 Izen actually claims that the 36 undated hours relate to                 
          both preparation of the fee request and “responding to                      
          Respondent’s objections to the application”.  We note that Izen             
          separately claims--and we allow in full--18.16 hours on Dec. 1              
          and 2, 2005, relating to the Izen petitioners’ “Supplemental                
          Response”, which responds to respondent’s opposition to the fee             
          request.                                                                    




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