Second Legislative Change Request: Close the Married Loophole

Dear FTB Advocate, FTB Board of Directors, Governor Newsom, and Legislators:

I am requesting that legislators 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 them of marriage until the couple notifies them 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 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

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Now Is The Time To Contact Legislators About Any Laws You Want Passed!!!

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. September is really the month you want to try to get into your legislator’s faces about the bills you would like to see introduced so that they have time to consider it, draft the bill, refine it, etc. 

Bills are introduced in January. Between January and August, the bills are revised, voted on, revised some more, voted on again… The final vote is usually at the end of August, so if it didn’t pass by August, its done for the year. If it is a bill they feel strongly about, your legislator may choose to re-introduce it the next year. 

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How FTB Covers Up Their Accounting Irregularities

As you all know, I filed a Motion to Compel on Specially Prepared Interrogatories, Set #1: Clarification of Policy and Procedure. I also prepared a second set of Interrogatories to address FTB’s accounting irregularities.

And I prepared a set of documents called “Requests for Admissions” to help clarify the methods that FTB uses to cover up the assorted policy/procedure and accounting irregularities that were addressed in the Interrogatories. Here are the questions. Many of the questions refer to attached documents. Here are documents pages 1 – 18 and 19 – 35.

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FTB Is Retaliatory Harassing Me

On Sunday, August 29, 2021, I attempted to file a police report with the San Diego Police Department against two FTB staff for overcharging me interest, which is the crime of fraud. Here is the proof of fraud by Alexis Bear and by Carrey Burton-Beilby. FYI, a police report is an important first step in getting a grand jury investigation launched. As a side note, I later found out that the right venue is the FBI’s website, and I did file reports against Bear and Burton-Beilby with the FBI.

On Monday, August 30, 2021, Deputy Attorney-General Anna Barsgeyan, who is FTB’s attorney for the civil case that is pending in San Diego Superior Court, made a reservation for a Motions for Sanctions hearing in our civil case. On Wednesday, September 1, 2021, she filed her Motion, requesting that the judge stop me from gathering evidence for my federal criminal complaint and that he penalize me $8,000 as a punishment for gathering the evidence that I did. She also posted my and my husband’s full social security numbers on a public website.

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The Playbook That Government Agencies Use To Get Away With Criminal Schemes

I watched a video about a woman in Arizona (AZ) who had her children stolen by Child Protective Services (CPS).

As I watched the video, my jaw dropped as I realized that CPS in AZ used strikingly similar tactics to violate the laws as the Franchise Tax Board (FTB) in California (CA) used against me. It can’t be a coincidence that my experience was so similar to hers when it was a completely different issue, involving a completely different agency, with completely different circumstances. 

I am starting to realize that there must be a playbook of tactics that government agencies use to extract extra revenue for themselves. Obviously, the specific tactics are customized by the agencies, but the general playbook appears to be identical: 1. Lay a trap, 2. Deny due process 3. Rig the justice system and 4. Have other government agencies cover it up.

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Proof of Accounting Irregularities

As you all know, I filed a Motion to Compel on Specially Prepared Interrogatories, Set #1: Clarification of Policy and Procedure.

I also prepared and submitted to a second set of interrogatories to FTB, called Specially Prepared Interrogatories, Set #2: Accounting Irregularities. Here are the questions. Many of the questions refer to the attached evidence, and specify which page of evidence to look at. Here are evidence pages 1 – 18 and pages 19 – 36.

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How To Figure Out If Franchise Tax Board Overcharged You on Interest

I filed a Federal Criminal Complaint against Franchise Tax Board for Overcharging Interest. My goal is to find fellow taxpayers who have also been overcharged interest so that it can be a Class Action Criminal Complaint. So please, check to see if you have been overcharged interest. If you were overcharged and would like to join in on the Federal Criminal Complaint, please email me at: FTBFighter at protonmail dot com (I wrote it like this to avoid spam bots).  

Step #1: Send a letter requesting copies of your Amortization Schedules.

This is a record of how they calculated the principal balance, how many payments you made, how the payments were applied, and how much interest was charged in the interim between each payment that was made. 

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FTB’s 8 Schemes To Overcharge Taxpayers

For those that prefer video, here is a 12-minute speech that I made to State Controller Betty Yee via webinar in December 2020, which sums up the info below. We’re also working on a documentary series exposing the corruption.

The over-simplified explanation of the schemes that I got ensnared in is that the Franchise Tax Board does not apply the money that you send them to your account right away. Then they charge you penalties for “paying late.” Then they over-charge interest on these penalties. 

But you have to understand that the reason that they’ve been getting away with their criminal activities is because tax law is complicated, and they work the complex nature of the laws to deceive the public on what the laws actually say. 

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My Rebuttal to FTB’s Response to My 2020 Annual Taxpayer Bill of Rights Request

Here is FTB’s Response to my 2020 Annual Taxpayer Bill of Rights Requests. Here is the rebuttal that I wrote in which I detail the following:

  • The Interim Taxpayer Rights Advocate, Chris Smith, committed multiple counts of collusion to cover up criminal activity by misrepresenting what the law says about FTB’s practices of withholding estimated tax payments from the taxpayer’s account .
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FTB’s 4 Schemes to Overcharge Interest

In response to the requests for documents that I had made in October 2020, FTB did provide amortization tables showing how they calculated the interest that they charged us. I went through the amortization schedules line by line and caught FTB overcharging interest via four different mechanisms:

1. FTB’s accounting system seems to systematically add small amounts of excess interest. 

2. FTB staff can apparently manually override the system to artificially inflate interest due. (In 2018, I’d caught another instance of this, as well).

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