I. Items 5B and 6: Cal EITC Credit as a stalking tool
I have posted before about California’s obsession with getting people to file tax returns, even when they do not make enough money to be required to file tax returns. One of the ways that FTB tries to get people to file is by offering “carrots.”
Their biggest carrot is called Cal EITC and it is basically money back. People can get money back from the state even if they didn’t pay any income taxes in the first place. The State of California has a budget of $1.1 billion for this incentive.
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, second, third, fourth, fifth and sixth claims that I’ve filed. .
This is my seventh Claim to ORIM, which was filed on September 23, 2023.
I also filed the claim with the California Auditor’s Office. I’ve sent a lot of claims to the California Auditor’s Office over the years re: FTB’s accounting fraud schemes, but I’ve mostly given up on the Auditor because it appears they didn’t do anything to stop the schemes.
However, I’d tried to turn these executives in to CALPers for pension fraud (since they were working fraudulently, that means their pensions need to be voided), and CALPers told me that the Auditor’s office was the proper jurisdiction for pension fraud investigations. Hence the claim with the Auditor.
On December 6, 2023, the Franchise Tax Board had its Annual Taxpayer Bill of Rights Meeting. I’ll link the full video of the meeting and the transcripts when they are published.
Meanwhile, here is a video of the speech that I madeat the meeting:
The full 2+ hour board meeting is here. I speak from 1:42:26 to 1:47:38 (It was a looonnnggg meeting).
Here is the text of my speech. Since the speech was limited to 5-minutes, I had previously submitted more detailed written requests to FTB’s Board Members, Taxpayer Advocate and Executive Staff.
Seven of the twelve items are issues that I have addressed in the past: 1. The Taxpayer Rights Advocate should be addressing constitutional issues. 2. FTB to stop unlawfully imposing wage garnishments, levies and liens. 3. Disclose policies and procedures regarding the application of payments (3 specific items on this topic). 4. Stop unlawfully withholding credit elect payments from married couples. 5. Refer to taxpayers as constituents because we are FTB’s employers, not customers.
There were four new items, too. 1. I addressed the high number of executive staff that do not have oaths or bonds as required by law. 2. I requested that all statutes be reviewed to ensure that FTB’s policies and procedures follow the laws as written, with no words omitted or inserted. 3. I asked what data FTB procures from the low income people not required to file a tax return. 4. I asked why Bill Hilson made so much more money in 2022 than in previous years.
I also requested clarification of an item that I brought up last year: the “no payment” account that appears to be an off-the-books spending account. Last year, I had asked if the funds belonged to FTB or another agency (item #4). FTB had responded that the estimated tax payments are immediately turned over to the State Controller (SCO). I asked for clarification as to whether “no payments” go to the SCO or if they are only turned over once they are identified as an estimated tax payment.
Update: FTB Responded on February 1, 2023. The whole response is riddled with problems. I’ll try to write a rebuttal soon.
Note: I am not suicidal, I don’t have depression issues, I am a careful driver, I rarely drink alcohol, and I do not use drugs of any kind (not even aspirin). My family lives a wholesome life. If something happens to me or my family that is out of character for us, we were set up by the State of California as revenge for exposing their crimes.
Yesterday, Audra Morgan from Eye of the Storm interviewed me for her podcast. We talked about the various channels that I have tried in my fight against government corruption and what has/has not succeeded so far. Check it out! if you want more information on what we discussed, links are below:
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, second, third 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.
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, and second and third claims that I’ve filed.
I was excited about the third ORIM claim that I filed, and I am even more excited about this fourth claim! I have Accused fifteen 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 exactly when payments that are supposed to be applied immediately upon receipt are actually applied, 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.
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.
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.”
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. TheOpposition to FTB’s Motion for Sanctionsexceeded 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:
