“Misapplied” Payments – Page 2

December 28, 2022December 28, 2022

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)

December 23, 2022December 25, 2022

I Have Filed a Second Federal Criminal Complaint!

On March 7, 2022, I filed another Federal Criminal Complaint (FCC) with the Federal Treasury Inspector General, the Sacramento Grand Jury, and the Federal Bureau of Investigation. This time it was against two more Franchise Tax Board employees and Department of Justice employee Deputy Attorney General Anna Barsegyan.

February 9, 2021December 26, 2022

Motion to Compel Further Response to Demand for Documents filed 12-15-2020

On December 15, 2020, I filed a Motion to Compel Further Response to Demand for Documents filed 12-15-2020 with San Diego Superior Court regarding the case that I have pending against FTB for a refund of penalties, fees and interest for tax years 2011, 2013 and 2014. Here are pages 1 – 21 and pages 22 – 42.

Key Points Contained in Motion:

There are 5 line items on FTB accounting ledgers that I believe are fraudulent: 2 payments that show up as refunded even though they were not refunded, and 3 bills that I believe never existed (see pages 9, 11, 12, 21, 25).

September 4, 2020December 22, 2022

CA Supreme Court Accusation Filed Against Franchise Tax Board Employee for Covering Up That FTB is Overcharging Taxpayers

I have caught California’s income tax agency, the Franchise Tax Board (FTB), running multiple schemes where they embezzle taxpayer’s money, then impose penalties which would not had been imposed had the money not been embezzled. The false imposition of fees is the crime of racketeering. I’ve also caught them overcharging interest.

I have filed an Accusation in the California Supreme Court in which I detail how the schemes work, show the relevant legal codes that proves they are illegal, and then detail how FTB falsely makes these unlawful practices appear to be legitimate. I also call out the administrative court judges at the Office of Tax Appeals, as well as the California Bar Association, for their roles in covering up the criminal activities.

August 26, 2020December 22, 2022

CA Supreme Court Accusation Filed Against Franchise Tax Board Employee for Covering Up FTB’S Criminal Activities: Embezzling Estimated Tax Payments, Racketeering Taxpayers & Overcharging Interest

I have filed an Accusation with the California Supreme Court against Eric Yadao, who is employed by the Franchise Tax Board as an attorney (part 1, part 2).

An Accusation is basically a request to revoke Mr. Yadao’s license to practice law because of unethical and/or unlawful behavior.

In this Accusation, I clearly detail that FTB is running multiple embezzlement and racketeering schemes, and that they are also overcharging interest. On pages 5 – 20, I detailed how the schemes work. On pages 4 – 16, I listed the legal codes that these schemes violate and why. On pages 23 – 38, I showed exactly how Mr. Yadao covered up FTB’s unlawful activities via improper redactions, improper omissions, false arguments and false statements..

February 17, 2020December 22, 2022

Summary of FTB Crimes and Update on My Efforts To Stop Them

Summary: I have been trying to get the Franchise Tax Board to end some blatantly illegal business practices. The basics are:

1. The FTB is illegally putting your estimated tax payments into a general slush fund instead of into your account. The money isn’t put into your account until you file your return for that year; basically, the State of CA is temporarily embezzling your money. If you file late, they harass you for payments that would not be owed/impose penalties that would not have been assessed had the money been applied to your account in accordance with the law.

February 17, 2020December 22, 2022

I Have Filed Suit Against FTB in Superior Court of CA!

I lost my Office of Tax Appeal case. While I was disappointed, I was not surprised. Two different attorneys had told me that the OTA almost always sides with the FTB and that hiring an attorney would probably be a waste of money. That is why I originally went with the free attorney from the TAAP program. However, as soon as the TAAP program was moved from the Department of Fee and Tax Administration to the FTB, TAAP withdrew representation. What a surprise. So, I represented myself for the rest of the case.

The OTA verdict that was so blatantly corrupt that it was shocking. I just could not let the FTB/OTA get away with their criminal activities. The OTA is an administrative court, and Californians have the right to appeal administrative court rulings in Superior Court of CA. I went lawyer shopping and found that it would cost a minimum of $30,000 to get my $15,000 in penalties, fees and interest back. The lawyers I spoke with also told me that the FTB is retaliatory and will deliberately run up attorney costs with unnecessary extra legal work. And since I have pissed off the FTB in a big way, it would likely cost me as much as $100,000.

So I decided to act as my own attorney. Here is the brief. In my humble opinion, it is really good. It clearly lays out the FTB’s three racketeering schemes, as well as the unethical and underhanded tactics that the OTA uses to cover up FTB’s criminal activities. I am SO PROUD of myself!!!!! 🙂

I have forwarded this brief to the FBI, CA Auditors office, the FTB’s Board of Directors, Governor Newsom, GovOps, and everyone on the Senate and Assembly Tax Committees . Hopefully, it gets some traction.

November 26, 2019December 22, 2022

Proof of Overcharging Interest and Substantiation of Inaccurate Accounting Allegations

Overcharging Interest:

In the Unlawful Schemes post, I claimed that I caught the FTB overcharging interest. As proof, here is the bill they sent me in the mail showing we owed $3,852.02 by 7-15-14, the pay by phone payment that I made on 7-9-14 while talking with FTB rep Carrey who told me that was the correct total was $3854.74, and the FTB’s 2011 accounting ledger which makes it appear that the $3854.74 was the correct amount of money that was always owed. The overcharge was only $2.77, but if they tack on extra interest to everyone they are illegally raking in millions.

In the Unlawful Schemes post, I also stated that on two of their accounting ledgers, the FTB has a strange adjustment that look like attempts to overcharge interest.

In late 2017, I asked the FTB to send me a copy of my 2014 accounting ledger. In the version that they sent me, the line item says “FTB Adjustment: -$8.37.” When I asked the FTB’s representative what that meant, she said “Oh, it doesn’t really affect you.” In the version that the FTB submitted to the OTA court, they redacted the line completely. When I asked the FTB to send unreacted ledgers, their version says “Write Off.” All three versions of the ledger are here.