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CULPEPPER-SMITH v. U.S.

No. CIV. A. 96-5855.

50 F.Supp.2d 425 (1999)

Lena CULPEPPER-SMITH v. UNITED STATES of America.

United States District Court, E.D. Pennsylvania.

June 8, 1999.

Attorney(s) appearing for the Case

John J. Miravich, Stevens and Lee, Reading, PA, for Plaintiff.

Angelo A. Frattarellu, Shannon Cohen, U.S. Dept. of Justice, Trial Atty's, Tax Division, Washington, DC, for Defendant.

MEMORANDUM

O'NEILL, District Judge.

Having obtained the agreement of the Internal Revenue Service to abate an assessment of $150,000, including interest and penalties, dating from an alleged underpayment on her 1980 tax return, plaintiff requests $40,912.50 in attorney fees and costs as the "prevailing party" pursuant to § 7430 of the Internal Revenue Code. 26 U.S.C. § 7430. The government tacitly concedes that plaintiff is entitled to fees...

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