Estate of Charles A. Lippitz, Deceased, Michael Lippitz, Administrator and Rhita S. Lippitz - Page 22




                                       - 22 -                                         
          facts of petitioner’s claim.  Ms. Hawkins moved to amend the                
          petitions and asserted a claim for innocent spouse relief under             
          section 6015(c).  Ms. Hawkins, on behalf of petitioner, sent                
          respondent two offers to settle the case and asked that                     
          petitioner’s claim be evaluated by CCISO.  Upon respondent’s                
          failure to settle the case and upon receipt of CCISO’s                      
          determination, Ms. Hawkins drafted and filed a motion for partial           
          summary judgment arguing that, in accordance with CCISO’s                   
          determination, there was no evidence to suggest that petitioner             
          had any actual knowledge of the erroneous items.  Respondent was            
          ultimately unable to discover facts supportive of his position              
          that petitioner did have knowledge of the items giving rise to              
          the deficiency.  Thus, while Ms. Hawkins achieved a successful              
          result for her client, there is nothing that convinces this Court           
          that a similar result would not also have been achieved by an               
          attorney with a more limited knowledge of the Internal Revenue              
          Code, generally, and section 6015, specifically.  Accordingly, we           
          find no reason to depart from the statutory rate.                           
               Further, as respondent points out, it appears Ms. Hawkins              
          billed her client for associate time at $125 an hour but seeks              
          recovery of fees for her associate at $150 an hour.  We find that           
          petitioner is only entitled to recover fees for the amount                  
          actually incurred for the associate’s time.                                 








Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next 

Last modified: November 10, 2007