In Uncategorized on 03/20/2018 at 00:14

But the Pay-Out Was Low

Y’all will surely remember Stefan A. Tolin, the horse-breeding lawyer, who beat the IRS in a photo finish? No? Check out my blogpost “I’ve Got the Horse Right Here,” 4/9/14.

Well, Stef was first past the post, and now his trusty attorney wants $260K in legals per Section 7430, claiming he made a qualified offer that IRS turned down.

Here’s Stefan A. Tolin, 2018 T. C. Memo. 29, filed 3/19/18.

For the qualified offer gambit, see my blogpost “Concession Equals Settlement,” 4/1/13.

Judge Gale decides that even though Stef’s trusty attorney agreed to some adjustments to do with Stef’s law practice, he still could contest them. I’m not sure how Judge Gale gets there, as trusty attorney stipulated to the adjustments. But if trusty attorney could still confute the stipulated-to adjustments, his qualified offer was too low.

Notwithstanding the foregoing,  trusty attorney does get some cash. His hourly rate of $400 (by coincidence that’s mine, too, when I can collect it) gets cut to $180 (less than a first-year in a white shoe firm). He’s only entitled to time spent after IRS ceased to be justified (and Judge Gale takes that to the day IRS concedes).

And even that time gets cut, because trusty attorney spent too much time on sorting out Stef’s telephone bills and preparing for trial.

So trusty attorney gets his hours cut from 453 to 276, and his billing rate cut as aforesaid.

Judge Gale wouldn’t have been a big hit as a billing reviewing partner in any firm I was ever in.



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