SUCCESSES

California tax and business lawyer R. Anthony Bauman has served San Diego and California clients since 1982. He has successfully tried multiple jury trials to verdict and represented clients in tax court, in appeals, and in arbitration and mediation.

A few words of caution: the outcome of your case will depend on its specific facts and circumstances. The results other cases I have already handled do not guarantee or predict the result in your case. Although your case may sound similar to the successful outcomes listed below, it might be different enough that the result could be different. The only way to know the strengths and weaknesses of your case it to have it professionally evaluated. In the evaluation process, you (the client) and I will sit down and carefully review all of the facts of your case. I will then analyze the current and applicable law and apply it to the specific facts of your individual case. If you would like me to evaluate your case, please call me at (858) 793-7007 for an appointment.

The key to trial success is thorough preparation. I'm guided by the words of a famous trial lawyer who went on to be the President of the United States:

“Give me six hours to chop down a tree and I will spend the first four sharpening the axe.” -- Abraham Lincoln

TAX SUCCESSES

The cases below are just a few of my successes in representing clients in tax matters. I have selected them to show the types of cases I routinely handle for my clients.

1. $200,000 – INNOCENT SPOUSE INCOME SHIFT: Over $200,000 of lottery income attributed to wife after divorce shifted to husband. Tax, penalty and interest savings of over $100,000.

2. $129,000 - DISCHARGE OF INDEBTEDNESS INCOME REMOVED: Client not liable for tax on $129,000 deficiency upon default on mortgage. Internal Revenue Code section 108 applied to exclude the deficiency as indebtedness income to client.

3. $75,000 – IRS PENALTY ABATED - FAILURE TO TIMELY FILE TAX RETURN ON APRIL 15: $75,000 IRS late filing penalty and interest completely abated for client.

4. CALIFORNIA USE TAX EXEMPTION APPLIED TO DEFER $38,000 California Use Tax.

5. IRS PENALTY ABATED - FAILURE TO TIMELY FILE TAX RETURN ON APRIL 15: $16,300 IRS late filing penalty and interest completely abated for client.

6. FAILURE TO TIMELY FILE TAX RETURN ON APRIL 15: $4,573 IRS late filing penalty and interest completely abated for client.

7. ACCURACY RELATED PENALTY: $9,253.00 IRS accuracy related penalty and interest completely abated for client.

8. ACCURACY RELATED PENALTY: $1,230.00 accuracy related penalty and interest completely abated for client.

9. MEDICARE AUDIT REVERSED: Reversed $110,000 of $120,000 Medicare deficiency assessed against physician.

LITIGATION AND TRIAL SUCCESSES

1. $190,000+ settlement: Representation of daughter of decedent. Subsequent spouse of decedent accused, but at the time of litigation not yet arrested and charged, of strangling and murdering her husband for financial gain including life insurance benefits. Case settled one month before trial for $190,000 of $300,000 life insurance plus photographs and several items of her father’s personal property. March, 2004.

2. Aircraft Accident of December 20, 1995 near Cali Columbia - American Airlines Flight 965.
Jurisdiction: Florida-Southern District
Client: American Airlines
Nature Of Case: Airline accident with issues concerning the flight control computer, the data base contained within and the many processes involved in creating the data base. Several companies and many computer systems were involved.
Nature Of Engagement: Analyze legal theories available to American Airlines against supplier of database and flight management system. Legal research, drafting to assist with recommendations for pleading options to be included in Cross-Claim filed by American Airlines. Assist in the review and analysis of data to be used at trial.
Represented By: Sullivan, Johnson & Manfredi-Los Angeles, CA
Status: Jury verdict finding data base supplier and flight computer manufacturer partially responsible for the crash-June 2000.

3. Real estate - Breach of “Reservation” contract to purchase oceanfront condominium.
Jurisdiction: San Diego Superior Court
Client: Confidential
Nature of Case: Developer offered a “reservation” rather than a firm contract to purchase an oceanfront condominium for $825,000.00 during planning phase of development. When property values increased after construction the developer insisted that the contract was merely a “reservation” not a binding contract.
Nature of Engagement: Trial lawyer.
Status: The court denied the developer’s motion to remove a lis pendens (lien) on the property by the buyer and the developer was held to his agreement to sell the property to the buyer for the original $825,000 contract price. September, 2000.

4. Cellular Anti-Trust Litigation.
Jurisdiction: Confidential
Client: Confidential v. Confidential
Nature of Case: Plaintiff alleged that providers of cellular telephone service conspired to fix the price of cellular telephone service and to engage in unfair bundling practices where a customer was required to purchase certain cellular service if they wished to purchase a particular cellular telephone.
Nature of Engagement: Trial lawyer and responsible for technical capacity issues.
Status: The case settled in 1996.

5. $ Confidential Settlement.
Jurisdiction: San Diego Superior Court
Client: Confidential v. Confidential.
Nature of Case: Representation of elderly couple who were told they would be “ministers” and reside at a world class “church” in San Diego if they would sign over their home in Colorado and their life savings to the “church.” The clients ended up broke and living in a small, hot apartment in the Hillcrest area of San Diego.
Nature of Engagement: Trial lawyer.
Status: Confidential settlement in 1987.

6. $193,000 jury verdict. FRAUD AND BREACH OF CONTRACT
Jurisdiction: San Diego Superior Court
Client: Confidential v. confidential.
Nature of Case: Caterer and live-in significant other promised to pay $130,000 in exchange for client signing over title to condominium property.
Nature of Engagement: Trial lawyer.
Status: Jury verdict in client’s favor for $130,000 plus $60,000 punitive damages.

7. $134,000 Jury Verdict: Personal Injury
Jurisdiction: San Diego Superior Court
Client: Tracy Simmons v. Allen, Wolfsont
Nature of Case: The client was an exceptional softball player and earned a full scholarship to Florida State University where she intended to become a woman’s softball coach. Just prior to starting college she was struck by two separate automobiles in two separate accidents only weeks apart. The client sustained “soft tissue” injuries and a keloid scar on her left knee.
Nature of Engagement: Trial lawyer.
Status: Jury verdict for $134,000.

8. $66,000 Settlement: TRUST ADMINISTRATION LITIGATION
Jurisdiction: Confidential
Client: Confidential v. Confidential
Nature of Case: Trust litigation concerning two separate trusts created by clients’ parents and dispute between sibling beneficiaries as to what assets were funded into each trust.
Nature of Engagement: Trial lawyer
Status: Settled.

9. $230,000 jury verdict. MEDICAL MALPRACTICE
Jurisdiction: San Diego Superior Court – El Cajon (Co-counsel)
Client: Confidential v. Confidential
Nature of Case: The client alleged that defendant podiatrist rushed to surgically remove a sesmoid bone in her foot without exploring typical conservative care.
Opposing counsel: Paul Pfingst, Higgs, Fletcher & Mack

New clients are always welcome; please call us at (858) 793-7007 for an appointment.  If your problems are urgent, we will make every effort to fit you in immediately.