Month: November 2019

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Proof of Overcharging Interest and Substantiation of Inaccurate Accounting Allegations

Overcharging Interest:

In the Unlawful Schemes post, I claimed that I caught the FTB overcharging interest. As proof, here is the bill they sent me in the mail showing we owed $3,852.02 by 7-15-14, the pay by phone payment that I made on 7-9-14 while talking with FTB rep Carrey who told me that was the correct total was $3854.74, and the FTB’s 2011 accounting ledger which makes it appear that the $3854.74 was the correct amount of money that was always owed. The overcharge was only $2.77, but if they tack on extra interest to everyone they are illegally raking in millions.

In the Unlawful Schemes post, I also stated that on two of their accounting ledgers, the FTB has a strange adjustment that look like attempts to overcharge interest.

In late 2017, I asked the FTB to send me a copy of my 2014 accounting ledger. In the version that they sent me, the line item says “FTB Adjustment: -$8.37.” When I asked the FTB’s representative what that meant, she said “Oh, it doesn’t really affect you.” In the version that the FTB submitted to the OTA court, they redacted the line completely. When I asked the FTB to send unreacted ledgers, their version says “Write Off.” All three versions of the ledger are here.

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My 2017 My Annual Taxpayer Bill of Rights Request and FTB’s Resolution — FTB Misrepresented What the Law Says and Denied State Taxpayer Rights

2017 was the first year that I participated in the Annual Taxpayer Bill of Rights Meeting. At the time, FTB hid this meeting from the public; I found out about the meeting from a tax lobbyist that I had contacted. When I submitted the first request, FTB told me that only tax professionals were allowed to submit, which is a lie. I complained to the governor and board members about being denied my taxpayer rights and was allowed to participate.

Rather than sending one letter, I sent several emails with requests as I thought of them. There were eight requests in total. The first one addressed the policy of withholding payments made via credit elect. I will work on digging up and redacting the rest of the email requests.

Continue reading “My 2017 My Annual Taxpayer Bill of Rights Request and FTB’s Resolution — FTB Misrepresented What the Law Says and Denied State Taxpayer Rights”
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Response to FTB July 2017 Letter Where I Point Out the Misrepresentation of the Law.

December 13, 2017

Christopher Calhoun

Franchise Tax Board

Via Fax

Dear Mr. Calhoun, 

First of all, I would like to apologize for the delay in responding to your letter dated July 28, 2017. As you know, I needed to get my BOE appeal filed, get my 2016 tax returns filed, get my suggestions in for the FTB Bill of Rights Hearing, get my requests to my assembly people for law changes, and my request to remove Mr. Cohen from the FTB Board all done by certain deadlines, so this letter had to wait. 

I am only writing the first half of my response letter today. I’ll complete the second half soon. And once these letters are completed, my next FTB project will be to try to find the $XX,XXX of my money that the FTB seems to have misplaced. I am sure that will be a nightmare. 

Before I get into the letter itself, I want to share with you that I have spent the last two days calling assorted government agencies to try to get a criminal investigation launched. What I have learned is that I could request a Special Grand Jury Inquisition of a county or city government agency, but Special Grand Jury Inquisitions (or any kind of equivalent) do not exist for State level agencies. It seems that there is only administrative oversight for the FTB, with no legal oversight at all. 

Continue reading “Response to FTB July 2017 Letter Where I Point Out the Misrepresentation of the Law.”
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July 2017 Letter From FTB in Which They Misrepresented What The Law Says

Letter is here

I decided to upload the version that I had written on so you could see my notes. First of all, the FTB misrepresented what the law says regarding the withholding policies, trying to make them appear legitimate when they are not. This is collusion to cover up racketeering. Second of all, he admitted that he denied my 2011 Abatement Request without reviewing any of the documentation that I submitted — this is denial of due process. And finally, he claimed there was nothing the FTB could do about changing policies, which is a complete lie. By law, he should have disclosed my right to address this policy issue at the Annual Taxpayers Bill of Rights Meeting. Here is my response letter, which was copied to the Governor and the FTB’s Board Members.

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Letter to Governor Brown Detailing Why FTB Withholding Practices Violates Law

April 9, 2018

Governor Gerry Brown

c/o State Capitol 

Suite 1173

Sacramento, CA 95814

Re: Proof of More Illegal Activity By the FTB

Dear Governor Brown: 

I am writing to alert you to the fact that the FTB has committed two more counts of colluding to cover up racketeering. I am also alerting you to the fact that, in their effort to cover up one racketeering scheme – the “rollover” money issue that I have been writing to you about for a year and a half now – they have inadvertently exposed a second racketeering scheme: withholding estimated tax payments made from married couples.Furthermore, in trying to cover up the “rollover” scheme, the FTB also flagrantly violated my State’s Rights. 

I made several Formal Requests for a Policy Change to be addressed at the Annual Bill of Rights Meeting in December 2017. One of the things that I asked was to change was the policy of withholding estimated tax payments made via credit elects, or money that rolls over from one year to the next per line item 95 of the 540. 

Enclosed is Ms. Maples, the Taxpayer Advocate, Formal Resolution to my requests. Please note that in the response, at no point in time did Ms. Maples address the topic that I asked about. Instead, she chose to address a different topic altogether: married couples.

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Systemic Erosion of Our California Taxpayer Rights

Summary:

*The Franchise Tax Board has some unlawful policies that lead to them charging penalties, fees and interest that never should have been charged in the first place.

*Governor Brown, FTB Board of Directors (Betty Yee, State Controller; Keely Bosler, Director of Department of Finance, and Malia Cohen, BOE Chairperson, and the FTB Taxpayer Advocate Susan Maples are all aware of these unlawful collection practices and have not put an end to them.

*Governor Brown and State Controller Betty Yee have recently re-structured the Appeals process to make it more expensive and/or difficult to recover these unfairly applied penalties, fees and interest.

*It looks to me like the State Government is sanctioning these unlawful collection practices and rigging the system to ensure that taxpayers can’t get this unlawfully collected money back.

I. Restructuring the Appeal Process:

Up until January 2018, if a Taxpayer believed they were unfairly charged penalties, fees and interest by the Franchise Tax Board, they could file an appeal with the Board of Equalization.

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California’s Unlawful Schemes to Collect Extra Income Taxes From Taxpayers

Summary: I have caught the Franchise Tax Board, California’s Income Tax Collection Agency, utilizing an assortment of unlawful practices to scam extra tax money out of people (Section 1). I have been trying to put a stop to this government corruption (section 2). If you’d like to help me, I have suggestions at the bottom (section 3).

Both former Governor Brown and current Governor Newsom are actively protecting these schemes, as are State Controller Betty Yee and an assortment of other legislators.

Here is a video of me giving an 8-minute speech to legislators in December 2018, asking them to end some of these schemes. Since I was limited to only eight minutes, I couldn’t address all of the schemes that I’ve found. In the video, I flat out accused them of racketeering, along with other assorted violations. Even though they had more time to speak, the FTB only gave a 2-minute response. Susan Maples only responded to two of the eight items that I brought up, and Jozel Brunett gave a blanket statement that FTB is not doing anything unlawful.

The FTB’s written response to my speech is here: https://www.ftb.ca.gov/about-ftb/meetings/taxpayer-bill-of-rights/2018_Grab_Response.pdf. This response is full of legal improprieties – so much so that the Taxpayer Advocate refused to sign it when I pointed out that her signature was missing.

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Inspirational Posts

One of my favorite bloggers is Caitlin Johnstone. It seems like every time I start to doubt whether I really should be investing so much time and energy into fighting government corruption, she’ll post something that re-affirms for me that I am doing the right thing.

Here are a couple of the posts from her that I found most inspirational:

How To Own Life Like A Fucking Wizard

and

Life Secrets

It’s all about not letting them control narrative. I can — and will — change things for the better by stopping the false narratives. You can, too!

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PSA — Do You Have Any Ideas For New State Legislation? The 2020 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 State Legislative cycle goes like this: Mid-September through December, the legislators take suggestions from their constituents and mull them over. They take the ideas that they like best and they draft legislature that they introduce in January. Then from January through September, all the legislators debate the various bills that were introduced in January. At the beginning of September, all the bills get final votes. And then the cycle starts again!

So if you have any ideas about new legislature that you’d like to see enacted, or changes to be made to existing legislature, now is the time to contact your representatives.