- 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 NextLast modified: November 10, 2007