Category: “Misapplied” Payments

FTB creates new bills that never existed on tax years that are already zeroed out and closed. FTB then applies payments intended for the current year to these “new bills” on old tax years.

Posted on

Third ORIM Complaint Filed Against FTB Board of Directors and Executives for Refusing to Disclose Policy and Procedure Surrounding Payments Credited for the Purpose of Calculating Interest

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 first claim I filed, and here is the second claim.

I am very excited about this third claim! I have Accused fourteen individuals from four different agencies of violating my rights under California Right R&TC Section 21006(b)(2), for violating 18 USC §1001 (a)(1) by refusing to disclose FTB’s policies and procedures regarding how it is determined which payments/portions of payments are applied for the purpose of calculating interest, and for violating 18 US Code 242 by not allowing me full and free access of information in accordance with my rights, which is a Class A misdemeanor. 

Continue reading “Third ORIM Complaint Filed Against FTB Board of Directors and Executives for Refusing to Disclose Policy and Procedure Surrounding Payments Credited for the Purpose of Calculating Interest”
Posted on

FTB’s Response to My 2022 Annual Taxpayer Bill of Rights Requests

As is required under Revenue and Taxation Code (RTC) 21006(a)(2), every year, the Franchise Tax Board allows the general public to make requests for changes to laws, policies and/or procedures that pertain to FTB.

I participated in the December 2022 meeting by submitting a set of requests in writing on November 29, 2022 and an oral request of the same items at the meeting held on December 8, 2022. Here is the video of my speech from my perspective:

The full FTB Board meeting is here. My speech is from 14:25 – 19:46.

On January 31, 2023, FTB provided a written response to my request. For Item #4, they stated “FTB will provide you with a supplemental response by February 28, 2023, or sooner.” 

On February 2, 2023, I sent my own response to FTB’s written response. In it, I stated:

Continue reading “FTB’s Response to My 2022 Annual Taxpayer Bill of Rights Requests”
Posted on

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:

Continue reading “The Judge’s Verdict in the SDSC Case Was Blatantly Corrupt”
Posted on

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)

Continue reading “Plaintiff’s Statement of Undisputed Material Facts (SUFs)”
Posted on

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). 

Continue reading “Motion to Compel Further Response to Demand for Documents filed 12-15-2020”
Posted on

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. 

Continue reading “CA Supreme Court Accusation Filed Against Franchise Tax Board Employee for Covering Up That FTB is Overcharging Taxpayers”
Posted on

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..

Continue reading “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”
Posted on

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.  

Continue reading “Summary of FTB Crimes and Update on My Efforts To Stop Them”
Posted on

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.