Robert and Ines M. Gillespie, et al. - Page 33




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          claims had merit.  Indeed, we have concluded that he signed the             
          petitions knowing that they lacked merit.  Mr. Jones signed the             
          petitions in violation of Rule 33(b) and is deserving of a                  
          sanction on account thereof.                                                
                    5.  Excess Costs                                                  
               Attorney's fees awarded under section 6673(a)(2) are to be             
          computed by multiplying the number of excess hours reasonably               
          expended on the litigation by a reasonable hourly rate.  Takaba             
          v. Commissioner, 119 T.C. at 303.  The product is known as the              
          “lodestar” amount.  Id.  To assist us in computing the lodestar             
          amount, respondent has provided us with the declarations of                 
          attorneys Alan J. Tomsic, Wesley J. Wong, and Paul C. Feinberg              
          (Messrs. Tomsic, Wong, and Feinberg, respectively, and the                  
          Tomsic, Wong, and Feinberg declarations, respectively).  Attached           
          to the Tomsic and Wong declarations are copies of reports                   
          generated from respondent’s internal time keeping records showing           
          the number of hours expended on these cases by Messrs. Tomsic and           
          Wong.  Although the Feinberg declaration includes the number of             
          hours he expended on these cases, he does not provide reports               
          similar to those provided by Messrs. Tomsic and Wong, declaring             
          that he does not keep detailed records by individual case number            
          for time he spends in a supervisory capacity.  Messrs. Tomsic and           
          Wong, explicitly, and Mr. Feinberg, by inference, calculate their           
          time expended working on these cases from their first contacts              







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