Fifth ORIM Claim Filed! This One is Also Against FTB Board of Directors and Executives for Refusing to Disclose Policy and Procedure Surrounding NPAs

Quick background: Every government employee is required to take an Oath and to have an insurance policy or bond. ORIM is the insurance agency for State of California employees. For those of you who are looking to file your own claims, here is info on how to do so. Before you order an oath, check to see if I already have it posted. If you would like some models to follow, here is the firstsecondthird and fourth claims that I’ve filed.

I have Accused fifteen individuals from four different agencies of violating my rights under California Right R&TC Section 21006(b)(2) and for violating 18 USC §1001 (a)(1) by refusing to disclose FTB’s policies and procedures regarding the issuance of Notice of Proposed Assessment (NPA) forms and processing of Protests to said NPA forms. 

For several years now, I have been asking FTB to disclose the laws which justify 1. Not applying all payments made on the NPA form and 2. Denying the Taxpayer Right to Protest on the basis that the NPA does not reflect the full funds collected by FTB. FTB has been continually evasive and continually fails to provide the relevant statutes. It appears to me that NPAs being falsely issued is a lynchpin to the accounting fraud schemes.

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Update on the California Bar Association Complaint Against Deputy Attorney General Anna Barsegyan

Quick summary of what has happened with the Bar so far regarding Anna Barsegyan:

On November 18, 2021, I filed a Bar Complaint against Anna Barsegyan for harassment and retaliation. The Bar refused to open an investigation into the Complaint on the basis that, since there was a judge on the case, the Bar was absolved of its responsibilities to provide oversight of Ms. Barsegyan.

In December 2022, I filed another Bar Complaint against Anna Barsegyan. There were a slew of new charges, including conspiring to commit suborning perjury (in layman’s terms this means setting someone up as a patsy) and advising her client to break federal and state laws in order to hide evidence of criminal activity from the court. This time, the Bar sent a letter stating “Your recent correspondence presents no new evidence which would merit reopening your complaint.” 

I had a back and forth email conversation with Bar employee Roy Kim, in which I stated “… I filed the new complaint, which contained many new allegations against Ms. Barsegyan that had not been included in the original complaint #21-O-14331.

…I found this denial letter to be disturbingly vague. It appears to me that you are trying to sweep these new — and very serious — allegations under the rug by pretending that I never made them. 

I request that the Complaint submitted on December 19, 2022 to be treated as new Complaint, that a new file is opened for this new Complaint, that a proper investigation be done regarding ALL charges presented in the new Complaint…”

The Bar responded by agreeing to open a new Complaint.

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FTB Has Disclosed Penalties Are Being Falsely Imposed Due to FTB’s Customer Service Failures

At the board meeting on March 28, 2023, FTB is going to ask for $25.23 million more dollars so they can hire more customer service agents and give raises to existing agents. To justify this request, FTB just released the following data:

  • 54% of live chats go unanswered (page 3)
  • Correspondence sent via USPS is processed within 4 – 5 months (page 3)
  • Correspondence sent via MyFTB is processed within 30-days (page 8)
  • Only 40% of calls are answered (page 12)
  • FTB also disclosed that they have very high attrition rates for people who work in customer service. They attribute it to low pay and it being a stressful job (page 11).

In the document  FTB admits that people were having penalties falsely imposed due to lack of customer service. The document doesn’t admit that they falsely impose wage garnishments, levies and liens, but it is implied with words such as “moved into involuntary collections.”  

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The California Bar Association Refused to Acknowledge New Allegations Made Against Deputy Attorney General Anna Barsegyan

I know I shouldn’t be surprised because the Bar’s response lines up with pretty much all of the other agencies/legislators that I have talked to: pretend I never brought these matters to their attention.

I neglected to mention that I had filed a Complaint against Anna Barsegyan back in 2021, and the Bar Association had refused to deal with the Complaint. I will try to dig up and post the first Complaint and Bar’s response letter.

The Bar Association’s response to the Complaint I filed against Barsegyan in December 2022 was short and terse. A copy of the letter is here, and this quote summarizes the contents: “Your recent correspondence presents no new evidence which would merit reopening your complaint. Based on our prior review, the decision to close the file will stand.”

I called the Bar Association out on their mishandling of this Complaint. A scan of the full email is thread is here, and here is an excerpt:

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The Judge’s Verdict in the SDSC Case Was Blatantly Corrupt

Last year, I posted a video of a legal scholar named Dave Myrland who talked about how the tax man owns the court. I also wrote an article about how the legal system has been hijacked by government agencies who are unlawfully extracting extra revenue for their agencies. In my first appeal of penalties, interest and fees, I saw that the Office of Tax Appeal judges covered up the Franchise Tax Board’s bona fide criminal activities with an extremely deceptive and evasive verdict. It was no surprise when it happened again in the San Diego Superior Court case.

The biggest red flag that the case was rigged against me was that the judge denied an extension of the final hearing date. On January 23, 2022, my father got sick with a MRSA staph infection. He died on February 7. On February 18, FTB and I filed a stipulation to continue the hearing until September. The judge denied the stipulation on March 1. Since I thought the extension was a done deal, I focused on burial arrangements, moving my father’s belongings out of his apartment, probate, etc. When I found out the extension was denied, I only had 10 days to complete and file the extensive paperwork that was due. A paralegal of 23 years told me that she has never before seen a judge deny a hearing extension when both sides stipulated. And the fact that the denial took so long was suspicious.

Here is the tentative ruling, which was issued the day before the trial. He threw out the majority of the documents/evidence that I had submitted on the grounds of technical violations. The Opposition to FTB’s Motion for Sanctions exceeded the page limit and my Opposition to Summary Judgment was missing a table of contents and an authentication. He could have ordered me to re-submit these items and extend the hearing date, but he chose not to.

Just like with The OTA case, the judge refused to acknowledge the existence of FTB’s questionable business practices and refused to address the laws that I cited that proved that these business practices were unlawful. He also refused to acknowledge that the arguments the DOJ made were based on lies and deception, and that FTB had committed multiple counts of perjury and had improperly withheld and redacted documents to hide evidence. Likewise, the judge refused to acknowledge that the DOJ had posted my husband’s and my social security numbers online. If I had done the things that FTB/DOJ had done, the judge would have thrown me in jail. And yet for FTB/DOJ, he just pretended as if none of it had happened.

In the oral arguments, I asked the judge to amend his ruling. Here is the summary of the oral arguments:

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Plaintiff’s Statement of Undisputed Material Facts (SUFs)

For the Motion for Summary Judgement, I had to resubmit the evidence that I had already submitted in a different format. This format is easier to understand and follow. While it was tedious to put together, this format makes the evidence damning. FTB’s assorted schemes and the mechanisms of how the schemes are perpetrated are obvious, so hopefully other people can use the SUFs as a guide to find the fraud in their own records.

Unfortunately, I forgot to attach an exhibit list when I submitted it. The judge threw out all of the evidence because of no exhibit list, and I lost my case because the case didn’t stand without evidence. I asked if I could submit an exhibit list. The judge said no. I asked if I could use FTB’s evidence, as most of my evidence was the same as FTB’s. The judge said no.

Highlights of Key Information in Plaintiff’s Statement of Undisputed Material Facts (SUF)

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Eleven (11) Requests for FTB’s 2022 Annual Taxpayer Bill of Rights Meeting 

Every year, the Franchise Tax Board hosts the Annual Taxpayer Bill of Rights Meeting, where constituents can make suggestions on how to change tax law and/or FTB policy and procedure to improve the system. FTB asks that you send them a written Request in advance, but it is not required; verbal Requests are accepted. Whether or not people can make a written request without speaking at the meeting is questionable. FTB let me do so in 2017, but others have told me FTB says that is not allowed.

Below is the written submission that I sent to FTB for the 2022 meeting. I participated in the meeting remotely; here is the video that I made of myself giving the speech.

Here is the text of the speech, which is shorter than written submission. The video of the full meeting is here, and I spoke from 14:35 – 19:45.

November 29, 2022

Franchise Tax Board Taxpayer Advocate Office

Email: FTBAdvocate@ftb.ca.gov

CC: FTB Board Members and Executives

Re: Eleven (11) Requests for Annual Taxpayer Bill of Rights Meeting

Hello Taxpayer Advocate Staff: 

Here are my eleven (11) requests for the 2022 Annual Taxpayer Bill of Rights Meeting. I’ve included the Board Members on this email, as well. Since I know most of you are too busy to read long letters, I have highlighted the key sentence of each item.

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Legislative Change Request #3 for 2023 — Repeal R&TC 19179(c)(2)

The legislative year starts at the beginning of September. From September to December, each legislator decides what they want to introduce for the next year. Below is a Legislative Request that I sent for the 2023 session.

November 29, 2022

Dear Governor Newsom Staff, GovOps Staff, Senate Governance and Finance Committee Members and Staff, Assembly Committee on Revenue and Taxation Members and Staff, and FTB Legislative Staff:

I request that you repeal Revenue and Tax Code 19179(c)(2) as this law is a violation of the California and US Constitutions. This law allows the Franchise Tax Board (FTB) to penalize a taxpayer $5,000 for exercising their right to Protest. This law directly violates R&TC Sections 21010 and 20102,  which guarantees the Right to Protest as a part of the California Taxpayer Bill of Rights. It is unconscionable that a law that allows the taxation agency to punish someone for exercising their rights was enacted in the first place. 

This issue goes beyond civil rights. The Franchise Tax Board sends notices threatening that the Taxpayer will be assessed a penalty of $5,000 if the Taxpayer does not withdraw his Protest or alter his return as preferred by the bureau. These coercive threats of penalty violate multiple federal criminal codes, including 18 USC §1512, Tampering with a witness; 18 USC §872 and §1951(b), Extortion; 18 USC §876 and §1341, Mailing threatening communications.

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Legislative Change Request #1 for 2023: Close the Married Loophole

The legislative year starts at the beginning of September. From September to December, each legislator decides what they want to introduce for the next year. Below is a Legislative Request that I sent for the 2023 session.

November 29, 2022

Dear Governor Newsom Staff, GovOps Staff, Senate Governance and Finance Committee Members and Staff, Assembly Committee on Revenue and Taxation Members and Staff, and FTB Legislative Staff:

I request that you immediately change California State law to recognize married couples as one tax entity in accordance with the guidelines set forth by the IRS. 

The IRS treats married couples as a single taxpaying entity from the moment the couple notifies IRS of marriage until the couple notifies IRS that the marital status has changed. However, FTB considers all individuals as unmarried. Each year, after a married couple files that year’s return, FTB updates their internal records with proper marital status for only that particular year. I believe that: 

1. FTB utilizes this loophole in the system in order to falsely impose penalties and fees via policy and procedure violations

2 FTB utilizes this loophole to unlawfully enrich themselves by demanding extra additional tax liability and penalty payments above and beyond what FTB knows — by its own records — is actually owed. 

3. This policy violates the 14th Amendment of the Constitution 

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