Violations of Laws/Rights – Page 7

January 19, 2022December 22, 2022

The Colossal Criminal Conspiracy Behind the IRS – The Penalty Scam by Roger (Buck) Knipp

Roger (Buck) Knipp wrote a book a while ago called The Colossal Criminal Conspiracy Behind the IRS – The Penalty Scam. He has just released an updated version of his book with a new section on the corruption at the California Franchise Tax Board.

Here is the blurb: “IRS” and “FTB” fraudulently “assess” $5,000 penalties in response to almost any return or document that they disfavor or don’t understand, and more if the target is married or tries to explain. Ironically, there are no enacted code sections or regulations permitting “frivolous submission” penalties on the average American. With the help of professional researchers and 6 years in law school, the author was ultimately able to penetrate the corruption and expose the Grand Conspiracy. The 75-page Verified Criminal Complaint in the book explains the actual written law and condemns bureau employees who unlawfully impose the penalty scam. Discover how victims are pushing back against the California FTB. Keep your liberty, rights, and property by fighting back with the words of the government’s own laws. Don’t read this book if penalty notices are welcome in your mailbox. There is a large new section on the FTB and a California criminal complaint added.

This book lays out the guidelines that we are using for our Federal Criminal Complaints. Order your copy from The Bookpatch.

November 30, 2021July 16, 2024

Ten (10) Requests for 2021 Annual Taxpayer Bill of Rights Meeting

This year’s Franchise Tax Board Annual Taxpayers Bill of Rights Meeting was held online on Thursday, December 2, 2021. Here is the five-minute speech that I made.

The full video of the 1+ hour meeting is here.

FTB prefers, but does not require, that you submit the requests in writing prior to the meeting so they know what to expect. There is no limit to how long a written submission can be, so my written submission was much longer and more detailed than the speech was.

Written Version of the ATBOR Requests

November 30, 2021

Franchise Tax Board Taxpayer Advocate Office

Email: FTBAdvocate@ftb.ca.gov.

Fax: (916) 843-8330

Re: Ten (10) Requests for Annual Taxpayer Bill of Rights Meeting

Hello Taxpayer Advocate Staff:

Here are my ten (10) requests for the 2021 Annual Taxpayer Bill of Rights Meeting.

Close the Loophole That Allows FTB To Evade Due Process for Implementation of Collection Tools

Require that FTB appear before a Superior Court judge to procure a proper judgment in accordance with the laws of the State of California prior to implementation of Collection tools, including wage garnishments, levies and liens. Please see email dated October 23, 2021 for details.

November 27, 2021December 26, 2022

My First Federal Criminal Complaint is Filed!

*Note: This post is in the middle of being reformatted. Please excuse the odd appearance.

I have filed the first in a series of Federal Criminal Complaints against assorted FTB staff for their various crimes. I believe that the majority of staff at FTB are good people “who are just doing their jobs.” Unfortunately, these job duties include bona-fide crimes. I believe that FTB staff will remain complicit until they are held personally accountable for their unlawful behaviors. The “just doing my job” argument is not allowed in court.

This Federal Criminal Complaint is against Carrey Burton-Beilby and Alexis Bear, agents in FTB’s Collections Department, who each directed me to send FTB more money than the bill stated was due, then falsified FTB’s internal accounting records to make it look like that higher amount of money was the total that was always due.

November 26, 2021February 11, 2024

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

October 26, 2021June 28, 2026

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.

October 8, 2021November 6, 2022

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.

October 7, 2021December 28, 2022

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.

June 2, 2021December 22, 2022

Attorney General Lied to the Judge in Our Hearing!

The blog has been quiet lately because I’ve been so busy with the case that I haven’t had time to update the blog. On Monday, May 24, 2021, I filed another Motion to Compel Further Information, this time on Specially Prepared Interrogatories #001: Clarification of FTB’s Policies and Procedures. The Motion + exhibits was 495 pages. It’ll take me a long time to redact and upload them all, but I will get it uploaded eventually.

On May 28, 2021, there was a hearing on my first Motion to Compel Further Information for Additional Documents. In FTB’s Opposition to Motion that they filed with the court, Deputy Attorney General Anna Barsegyan made numerous deceptive and several outright false statements to the judge!

May 12, 2021December 22, 2022

Fraudulent Statement By FTB Regarding Demand Penalties

So much stuff has come out recently in my court case. A longer post will come next month, but I wanted to share something that I know is a fraud that is systemically perpetuated by FTB. Below is a copy/paste of an exchange of information with FTB that I submitted as part of my court case (the full document is here). I hope other people currently facing bogus Demand Penalties can use it to help them in their own fight against FTB’s corruption. Here is the list of laws that are referenced below.

SPECIAL INTERROGATORY NO 6A: The attached page 9 is a page from FTB’s standard operations manuals entitled Demand Penalty. It states “a penalty will not be imposed if any of the following are met:… We do not assess the penalty when the return has a zero total tax liability.” Could you please clarify whether this means the penalty won’t be imposed if there was never any tax owed for the tax year or whether this means that the penalty won’t be imposed if there is no outstanding balance on that year’s tax liability.

FTB RESPONSE TO SPECIAL INTERROGATORY NO. 6A: Under Revenue and Taxation Code section 19133, a demand penalty is imposed if a taxpayer fails to timely respond to demand notices in the manner required. Demand penalties are imposed as required by law before consideration of any payments or credits. The demand penalty is computed at 25- percent of the total tax liability before any prepayments or credits are applied to reduce the tax liability. Thus, any payments and/or credits made by Plaintiff are irrelevant in the determination of the imposition of demand penalties under California law.

ARGUMENT FOR COMPLELLING RESPONSE TO SPECIAL INTERROGATORY 6A: FTB has misrepresented what the law says by making two deceptive statements and one false statement in the section above. In the first sentence, Mr. Swank omitted pertinent portions of Revenue and Tax Code 19133. In the second and third sentences, he conflated two separate issues as if they were one and the same. The fourth sentence is false, and only appears to be true as a result of the deceptive and misleading statements that preceded it.

February 10, 2021December 22, 2022

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 .