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Dave
Porter has extensive experience in representing individuals and
businesses in tax and business matters. He has over sixteen years
of experience in tax planning and transactions and in representing
taxpayers in tax controversies, litigation, and collection matters,
as well as criminal investigations and trials against the federal
and state governments. Dave's civil tax controversy experience is
extensive, involving income tax, estate and gift taxes, and sales
tax disputes. Further, these cases have ranged from representation
in audit examinations and conducting administrative appeals, to
litigating cases in trial and appellate courts. He has litigated
a wide range of tax issues, including employee-independent contractor
status, transfer pricing, business bad debts, business expenses,
method of accounting, innocent spouse relief, refund claims, summons
enforcement, and civil fraud and accuracy related penalties.
Dave's
tax collection experience includes handling due process hearings
and appeals conferences and negotiating payment agreements and offers
in compromise with the IRS and FTB. Moreover, he is one of the few
attorneys to have actually obtained an injunction against the IRS.
In addition
to tax controversy matters, Dave has significant experience in advising
companies in transactional matters, including tax planning, formation
of entities, sales and acquisitions, spin-offs, executive compensation,
founder buyouts, lease negotiations, and like-kind exchanges. He
also regularly advises litigants about the tax treatment of damage
awards and settlements and serves as a tax adviser to several large
estates and trusts.
As an outgrowth
of his tax controversy expertise, Dave also has experience with
general civil trial and appellate matters, including breach of contract,
defamation, professional malpractice, wrongful termination, breach
of fiduciary duties, conversion, and fraud. He also does federal
white collar criminal defense work, including representing individuals
and corporations in grand jury proceedings, investigations, jury
trials, and appeals in cases involving tax evasion, filing false
tax returns, money laundering, gambling, wire fraud, bank fraud,
insurance fraud, telemarketing fraud, conspiracy, and obstruction
of justice.
AV rated
by Martindale-Hubbell. Previously associated with Martin A. Schainbaum,
A Professional Law Corporation. Previously Adjunct Professor, Instructor
of Writing and Research, at Golden Gate University, San Francisco,
CA. Chief Financial Officer, Sensor One Technologies Corporation.
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