Administrative Channels – Page 6

March 18, 2021February 11, 2024

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.

February 10, 2021August 25, 2024

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.

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 .

December 29, 2020July 16, 2024

FTB’s 2020 Annual Taxpayer Bill of Rights Meeting

Here is the full speech that I tried to give at FTB’s 2020 Annual Taxpayer Bill of Rights Meeting (12 minutes).

For those that prefer reading over video, here is the written speech.

Unfortunately, State Controller Yee muted me after 5 minutes. Here is how the speech sounded to the FTB audience:

CA FTB Dec 18 2020 Call Video 1

The whole meeting is here: https://www.youtube.com/watch?v=FTgFO5uADxo. My speech is from 51:24 – 57:21

Usually, FTB lets people speak for 8 minutes, and last year they let me talk for 11 minutes without cutting me off.

Controller Yee said that they had already received my written submission (which was longer and more detailed than the speech), and all of the requests I’d made would be addressed in their response due on February 1, 2021.

Just like last year, FTB did not deny any of the allegations that I made, neither verbally at the meeting nor in their written response . If my allegations were false, FTB would have denied them.

I think it was obvious to everyone that regularly attends these meetings that the Board knew what I was going to say and the Board cut the time short this year stop me from speaking the truth.

November 28, 2020December 22, 2022

FTB is Accepting Suggestions From the Public on How to Improve!

On Friday, December 18, 2020, at 1:30 pm (PST). the CA Franchise Tax Board will be having its Annual Taxpayer Bill of Rights Meeting, where they accept suggestions from the public on how to improve “the system.” More information is here: https://www.ftb.ca.gov/your-rights/your-taxpayer-rights.html

November 28, 2020December 22, 2022

PSA — Do You Have Any Ideas For New State Legislation? The 2021 Cycle Has Started — Now Is The Time To Talk To Your Legislators

In California, we each have two State Legislators that represent us on State matters — one is our State Senator and the other is our Assemblyman. If you don’t know who yours is, you can find them here

The legislative year starts the September prior to the calendar year (so they are working on 2021 now even though it’s still 2020). 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. But it’s still not too late!

October 20, 2020December 22, 2022

FTB is Accepting Comments From Public About Proposed Changes to R&TC 19133 and Title 18, California Code of Regulations, section 23663-1, as well as the potential adoption of Title 18 section 23663-6, relating to Assignment of Credits

I have nothing to say regarding Title 18, but I have a lot to say about Revenue and Tax Code 19133! I have requested two major changes to the law. You can read my requests in their entirety here, but here are the highlights:

October 5, 2020December 23, 2022

California Supreme Court Declined to Take The Accusation

No explanation was given for why the judges refused to take the Accusation where I documented that FTB employee Eric Yadao conspired to cover up his employer’s criminal activities by improperly redacting documents to hide evidence. I am disappointed, but not surprised. It seems to me that if my case was weak, the CA Supreme Court would have taken it in order to clear FTB of all allegations of criminal activity. I believe the fact that the judges chose to pass on my case indicates that I would have won.

In good news, though, I got a letter from the California Auditor’s Office indicating that they have opened an investigation into the Franchise Tax Board. No word back from the FBI as of yet.

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

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

FTB’s response to the 13 policy change requests that I made is short, terse and riddled with problems.

Item 1: End Policy of withholding estimated tax payments made via credit elects

FTB wrote: The Franchise Tax Board previously addressed this issue in the 2018 Taxpayer Bill of Rights response to you, dated January 25, 2019.

Rebuttal: In my written submission, I clearly detailed how they had committed one count of collusion to cover up racketeering by misrepresenting what the law said in Commissioner V Lundy. I also re-sent them a copy of the 2018 letter to Governor Brown in which I cited several more times that the FTB committed the crime of collusion to cover up racketeering on this topic. In this response, FTB did not dispute my interpretation of the assorted laws they falsely cited, nor offer any valid laws.