Estate of Charles A. Lippitz, Deceased, Michael Lippitz, Administrator and Rhita S. Lippitz - Page 21




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          knew of the summons until January 2006.  We find that petitioner            
          has not unreasonably protracted the proceedings.                            
          E.   Reasonable Litigation Costs                                            
               Finally, respondent argues that the fees claimed by Ms.                
          Hawkins are unreasonable.  We agree with respondent that no                 
          departure from the statutory rates is called for in this case.              
               The award of attorney’s fees under section 7430 is generally           
          limited to the statutory rate11 “unless the court determines that           
          * * * a special factor, such as the limited availability of                 
          qualified attorneys for such proceeding, the difficulty of the              
          issues presented in the case, or the local availability of tax              
          expertise, justifies a higher rate.”  Sec. 7430(c)(1)(B)(iii).              
               Ms. Hawkins claims that an upward departure to her billing             
          rate of $350 an hour is warranted because of her extensive                  
          experience dealing with innocent spouse relief and because the 10           
          lawyers who had previously represented petitioner were unable to            
          obtain such relief.  While we do not question that Ms. Hawkins              
          has a wealth of experience that in some case might justify an               
          upward departure from the statutory rate, this is not such a                
          case.                                                                       
               We find nothing particularly complex about the law or the              

               11An award for fees incurred in 2004 and 2005 is limited to            
          $150 per hour.  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.  An              
          award of fees incurred in 2006 is limited to $160 an hour.  Rev.            
          Proc. 2005-70, sec. 3.36, 2005-2 C.B. 979, 985.                             





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