Litigation

 

Eric M. Nixdorf, the Firm's Principal, has over 20 years of litigation experience, including two cases before the United States Court of Appeals for the Ninth Circuit.  In the first case, Eric served as lead attorney for taxpayers involved in a dispute with the IRS over what defined “voluntary” payments.  The Court found in his Clients' favor successfully restricting the IRS’s ability to re-designate payments, Tull v. U.S., 69 F. 3d 394 (9th Cir. 1995).  In the second case, Eric again represented taxpayers in a 9th Circuit case which unsuccessfully sought to allow an “innocent spouse” defense to liabilities when such a defense was not specifically reserved in a closing agreement, Hopkins v. U.S., 97-15036 (9th Cir. 1998).

 

Eric has representing individuals, businesses and real estate investors in both criminal and civil tax disputes involving the IRS, FTB, EDD and SBE at all administrative phases and litigation proceedings before the Tax Court, multiple U.S. District Courts, multiple U.S. Bankruptcy Courts, the Ninth Circuit Court of Appeals and multiple California State Courts.   Disputes have involved a wide range of issues including interpretation of the tax code and regulations, alleged unreported income, alleged overstated deductions, and collection matters.

 

Eric has also provided legal representation in a wide variety of non-tax general litigation matters on behalf of both plaintiffs and defendants.  Issues involved have included legal malpractice, broker malpractice, general breaches of contract, general fraud, CA §17200, general collections, unlawful detainer, breaches of leases, breaches of real estate purchase agreements, real estate investment fraud, environmental nuisances, real estate property line and tree disputes, wrongful death, slip and fall with significant injury, sexual harassment, assault, willful destruction of evidence related to a personal injury claim, product liability (seat belt, nail polish bottle), workers compensation and auto accidents.

 

Eric has been able to use his additional expertise in tax, real estate and bankrupty law to craft creative settlements for cases where settlements were not thought to be possible.  If you are involved in a dispute which you believe could lead to litigation, please give us a call so we can evaluate your situation and help you find the best strategy to resolve your case.