Armando Anciso, Petitioner, v. Internal Revenue Service, Respondent, 48 F.3d 1238 (Fed. Cir. 1995)

Armando Anciso appeals from the June 24, 1994 arbitrator's decision awarding him attorney fees as calculated on a "cost-plus" basis. Anciso argues that the calculation of the attorney fee award should have been based on market rates, although Anciso concedes that an award of market rate fees is precluded under this court's decisions in Devine v. National Treasury Employees Union, 805 F.2d 384 (Fed. Cir. 1986), cert. denied, 484 U.S. 815 (1987), and Goodrich v. Department of Navy, 733 F.2d 1578 (Fed. Cir. 1984), cert. denied, 469 U.S. 1189 (1985). Because we are bound by these prior panel decisions, the arbitrator's decision is affirmed.