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BLAKLEY v. U.S.

No. 2009-5047.

593 F.3d 1337 (2010)

Brian Alan BLAKLEY (d/b/a TCS), Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 27, 2010.

Attorney(s) appearing for the Case

Robert G. Nath, Robert G. Nath, PLLC, of McLean, VA, argued for plaintiff-appellee.

Teresa T. Milton, Attorney, Appellate Section, Tax Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were John A. DiCicco, Acting Assistant Attorney General, and Thomas J. Clark, Attorney.

Before MAYER, PLAGER, and DYK, Circuit Judges.

DYK, Circuit Judge.

Defendant United States appeals from a decision of the Court of Federal Claims awarding plaintiff Brian Alan Blakley (d/b/a TCS) ("Blakley") $10,732.00 in attorneys' fees pursuant to Internal Revenue Code ("I.R.C.") § 7430. In finding Blakley entitled to an award of fees, the Court of Federal Claims determined that the position of the United States in an underlying tax refund proceeding was not substantially justified.

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