Gilbert Vasquez - Page 3

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          The parties settled the disputed deficiency by stipulating that             
          there is an overpayment of $2,890 for 2002.                                 
               Petitioner asks us to award reasonable litigation costs3 of            
          $45,225 (based on statutory rates for legal fees) or $75,000                
          (based on “market rate” for legal fees).4                                   
               The issues for decision are:                                           
               (1) Whether petitioner is entitled to an award of reasonable           
          litigation costs; and                                                       
               (2) if the answer to the first issue is “yes”, then what is            
          the amount of the awardable costs.                                          
               Neither petitioner’s motion for award of litigation costs              
          nor respondent’s response to the motion requested a hearing on              
          the motion.  Rules 231(b)(8) and 232(b) (final flush language).             
          In his memoranda of law petitioner states that he has been                  
          handicapped by the Court’s indication that it would not authorize           
          depositions of certain of respondent’s employees.  We have                  


               3 Petitioner has requested only litigation costs in the                
          instant case, so we do not consider the statutory or regulatory             
          provisions that apply only to administrative costs.                         
               4 These amounts are stated in petitioner’s opening legal               
          memorandum on the litigation costs motion.  Petitioner’s                    
          answering legal memorandum on this motion asserts that, “H.                 
          Preparing this Brief has taken another 30 hours of time, which              
          Petitioner’s counsel requests to be compensated for.”                       
          Petitioner’s motion for litigation costs, received 16 days after            
          the Court had entered the parties’ stipulated decision, included            
          an estimate that litigation costs up to that point would amount             
          to $19,100 (based on statutory rates for legal fees) or $27,000             
          (based on “market rate” for legal fees).                                    




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