Public-domain · open source
OpenJurist

891 F.2d 24

Docket No. 89-1663.

McCormack v. United States

First Circuit Court of Appeals

Heard Dec. 5, 1989.

Decided Dec. 12, 1989.

First Circuit Court of Appeals · decided 1989-12-12

2 counsel of record

Key passage — most relied on by later courts

“reasonable fees paid or incurred for the services of attorneys in connection with the court proceeding.”

quoted by 1 later decision, including US DEPT. OF JUSTICE, TAX DIV. v. Hudson

Applies 26 U.S.C. § 7430

Relies on United States v. McPherson · Aronson v. United States Department of Housing & Urban Development

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1989-12-12

How this case has been cited

Cited by 13 later decisions — most recently November 2010

7 federal appellate · 1 district ·

701989199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Mark A. McCormack pro se.

¶2Linda E. Mosakowski, Atty., Tax Div., Dept, of Justice, with whom Shirley D. Peterson, Asst. Atty. Gen., Wayne A. Budd, U.S. Atty., and Gary R. Allen and Gilbert S. Rothenberg, Attys., Tax Div., were on brief, for U.S.

¶3Before BOWNES, BREYER and SELYA, Circuit Judges.

¶4PER CURIAM.

¶5Plaintiff-appellant Mark A. McCormack, a member of the bar who represented himself in tax refund proceedings, seeks a counsel fee award under 26 U.S.C. § 7430.1*25The district court denied the request. We believe that McCormack’s case, as a practical matter, is controlled by our decision in Aronson v. United States Dep’t of HUD, 866 F.2d 1 (1st Cir.1989), wherein we ruled that an attorney-plaintiff was not entitled to fees for the time which he spent in successfully prosecuting a Freedom of Information Act claim. Id. at 4-6. The reasons undergirding Aronson seem equally valid in the case at bar, especially in light of section 7430’s limitation of awards to legal fees “paid or incurred” by an eligible taxpayer. As the Fourth Circuit has tellingly observed, an attorney who represents himself in civil tax litigation does “not pay any fees for legal services nor incur any debts” for the same. United States v. McPherson, 840 F.2d 244, 245 (4th Cir.1988).

¶6The judgment of the district court denying appellant’s fee petition is, therefore,

¶7Affirmed.

/891/f2d/24 · .json · Public domain