Litigation (via Statutory Law) – Page 3

December 26, 2022December 28, 2022

My Opposition to FTB’s Motion for Sanctions Dated 09-01-2021 and My Request for Sanctions

On September 1, 2021, FTB filed a Motion for Sanctions against me in a blatant attack of retaliation, harassment and obstruction of justice.

On March 7, 2021, I filed my Opposition to their Motion for Sanctions and my own request for sanctions against FTB for:

Violation of Code Civ. Proc., §128.5 and §128.7(b): Motion is Frivolous (page 30)
Violation of CA Rules of the Court 1.201: Failure to Redact Personal Information (page 32)
Violation of CRC 3.1348: Failure to Provide Discovery (page 39)
Chelsea Hubbard: Perjury, Withholding Evidence and Improper Redactions (page 40)
Keith Swank: Perjury and Failure to Furnish Information (page 53)
Grace LeBleu: False Statements and Improper Redactions (page 59)

December 23, 2022

Bar Complaint Filed Against Deputy Attorney General Anna Barsegyan

On December 19, 2022, I filed a Bar Complaint against against Deputy Attorney General Anna Barsegyan where I requested that she be disbarred. Here is a quick summary of the most egregious of the allegations in the Bar Complaint. The evidence that I included to substantiate the allegations was the second Federal Criminal Complaint that I filed against her, all the evidence for the FCC, and the DOJ email chain.

I believe that Anna Barsegyan crossed the line from representing her client into actively participating in her client’s criminal cover-up. To accomplish this cover up, she used an assortment of unlawful tactics, including Harassment, Retaliation, Violation of Rights, Abuse of the Court System, and Obstruction of Justice. In doing so, she repeatedly violated the American Bar Association rules 8.4 (a), (c) and (g).

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.

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.

September 19, 2021December 22, 2022

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.

August 25, 2021December 28, 2022

My Second Motion to Compel: Clarification of FTB Policies and Procedures

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

In this Motion to Compel, I prove that FTB committed 8 counts of perjury: three counts by Chelsea Hubbard and five counts by Keith Swank. I also laid out in detail why it appears that obfuscation and conflicting information about FTB’s policies and the laws on which these policies and procedures are based is because FTB knows these policies and procedures are unlawful. Here are pages 1 – 18, 19 – 36, 37 – 54, and 55 – 72.

The last paragraph of page 3, all of pages 4, 5 and 6, and the first paragraph of page 7 are important to read in full because they contain the overview of the assorted questionable business practices that are detailed in the rest of the document. I did not highlight those pages because every word would be highlighted! The rest of the document is repetitive and tedious, so I have highlighted the important stuff for you.

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 9, 2021December 26, 2022

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).