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B-181391 1 (1974-07-11)

handle is hein.gao/gaobadcdg0001 and id is 1 raw text is: DECISION 3' 4 THE COMPTROLLER GENERAL * .)* OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-181391 DATE: JUL 11 1974 MATTER OF: Payment of docket fees by United States. DIGEST: Docket fee may be awarned as cost against Government as set forth in 28 U.S.C. 1923, since after balanc- ing 23 U.S.C. 2412 orohibition anainst taxin7 of attorney tees ana cxpenses (aoc- :ee aear4i to be attorney's comoensation for doc-etinz suit) against aliowance of such fees in sections 1920 and 1923, it appears that ailowance of such fee accords with congressional intent in 1966 amendment of section 2412, which apears to be remedial in nature, to bring parity to private litigant respect- ing costs in litigation with U. S. This decision to the Attorney General is in resoonse to a request dated May 3, 1974 (your reference SC:Wr P:TBScullen:ts 5-70-508), from the Assistant Attorney General, Tax Division, for our views as to whether docket fees properly may be charged against the United States. It is exDlained that an administrative settlenent has been approved on behalf of the Attorney General in the suit entitled Jessie H. Vard, Executrix of the rstate of L7uis E. Uard Deceased v. i d Givni _o. o463, CD Tean, and that a refund checr representing refund of estate taxes, will be delivered by the U.S. Attorney upon receipt from the tax- payer's counsel of record of a stipulation that the above entitled action be dismissed with prejudice, each party to bear its own costs. However, counsel for the plaintiff has objected to stipu- lating that each party bear its own costs. The taxing of costs against the Government is authorized by Pub. L. 89-507, approved July 18, 1966, 80 Stat. 303, which amended 28 U.S.C. 2412 to provide in pertinent part as follows: 2412. Costs Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in section 1920 ofPUBLEH. DECISIC 51- Comp. Gen... 5.26O 40 ep

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