Legal Opinion

De Alto v. United States

United States Court of Federal Claims

Decided December 9, 1998No. 96-4 TPublished

1Opinion of the Court

ORDER ON APPLICATION FOR ATTORNEY’S FEES AND COSTS

BRUGGINK, Judge.

On May 13, 1998, the court ruled in favor of plaintiff in this tax refund proceeding. See De Alto v. United States, 40 Fed. Cl. 868 (1998). The Government’s appeal was voluntarily dismissed. This matter is now pending on plaintiffs motion for an award of attorney’s fees and costs. The matter is fully briefed and oral argument is deemed unnecessary. For the reasons set out below, the motion is denied.

Whether Mr. De Alto, as a successful litigant, is entitled to reimbursement from the united States of his costs and fees, is…

2Cases cited5 opinions

Pierce v. UnderwoodSupreme Court of the United States · 1988
Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
Dudley J. Godfrey, Jr., Appellant/cross-Appellee v. United States, Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1984
Pohl Corp. v. United StatesUnited States Court of Federal Claims · 1993
De Alto v. United StatesUnited States Court of Federal Claims · 1998