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
Continue reading “FTB is Accepting Suggestions From the Public on How to Improve!”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!
Continue reading “PSA — Do You Have Any Ideas For New State Legislation? The 2021 Cycle Has Started — Now Is The Time To Talk To Your Legislators”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:
Continue reading “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”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.
CA Supreme Court Accusation Filed Against Franchise Tax Board Employee for Covering Up That FTB is Overcharging Taxpayers
I have caught California’s income tax agency, the Franchise Tax Board (FTB), running multiple schemes where they embezzle taxpayer’s money, then impose penalties which would not had been imposed had the money not been embezzled. The false imposition of fees is the crime of racketeering. I’ve also caught them overcharging interest.
I have filed an Accusation in the California Supreme Court in which I detail how the schemes work, show the relevant legal codes that proves they are illegal, and then detail how FTB falsely makes these unlawful practices appear to be legitimate. I also call out the administrative court judges at the Office of Tax Appeals, as well as the California Bar Association, for their roles in covering up the criminal activities.
Continue reading “CA Supreme Court Accusation Filed Against Franchise Tax Board Employee for Covering Up That FTB is Overcharging Taxpayers”Why The OTA Opinion in My Case Was Blatantly Corrupt
When a taxpayer believes that they have had penalties, fees and interest improperly imposed on them by the Franchise Tax Board, the first step is to request a refund. Refund requests are almost always denied.
The next step is to file an appeal in the Office of Tax Appeals, which is an administrative (specialty) court that deals solely with tax issues.
If OTA denies your refund request, you can then file a trial del novo in Superior Court. In English, that means that the Superior Court judge will look at this as a new case altogether, not simply as an appeal of the lower court’s decision. (More info on the process in FAQs)
I had been warned by two different tax attorneys that OTA usually sides with FTB, so hiring an attorney would be a waste of money.
I thought I had made a strong case for why I should get my money back with my Brief and Oral Arguments, so I was disappointed, but not surprised, when I lost. The Opinion (aka verdict) for my case was so blatantly corrupt that it was shocking.
Continue reading “Why The OTA Opinion in My Case Was Blatantly Corrupt”CA Supreme Court Accusation Filed Against Franchise Tax Board Employee for Covering Up FTB’S Criminal Activities: Embezzling Estimated Tax Payments, Racketeering Taxpayers & Overcharging Interest
I have filed an Accusation with the California Supreme Court against Eric Yadao, who is employed by the Franchise Tax Board as an attorney (part 1, part 2).
An Accusation is basically a request to revoke Mr. Yadao’s license to practice law because of unethical and/or unlawful behavior.
In this Accusation, I clearly detail that FTB is running multiple embezzlement and racketeering schemes, and that they are also overcharging interest. On pages 5 – 20, I detailed how the schemes work. On pages 4 – 16, I listed the legal codes that these schemes violate and why. On pages 23 – 38, I showed exactly how Mr. Yadao covered up FTB’s unlawful activities via improper redactions, improper omissions, false arguments and false statements..
Demurrer Filed in Superior Court Case
As I stated in my last post, FTB’s Answer to my Superior Court Complaint was of poor quality. I did some research and found out that I could file something called a Demurrer, which is basically me asking the judge to throw out FTB’s Answer and make them file a new Answer.
I had to explain why FTB’s answer was a pile of nonsense, and I think that I did a good job! I am proud of myself! Here is my Demurrer.
My understanding is that if their new Answer is also of poor quality, I can then file a request for a Summary Judgment based on my written brief and their replacement Answer brief, and thus skip the whole trial part.
Continue reading “Demurrer Filed in Superior Court Case”FTB’s Answer — They Didn’t Deny Anything!
The FTB’s lawyer for my case against them is Anna Barsegyan, Deputy Attorney General under Xavier Becerra, the Attorney General of California. Yes, I know… most of us believe that the Attorney’s General’s office is supposed to protect the public from corruption. But that is only partly true — while the Attorney General’s office does prosecute criminal activity committed by individuals and private businesses, one of it’s job duties is to defend the State Government’s criminal activity. So basically, the Attorney General’s job is to eliminate the competition so that the government has a monopoly on exploitation.
I know I should be grateful that Ms. Barsegyan did such a terrible job on the Answer that she submitted to the Court in response to my Complaint, but quite frankly, I am disappointed at how our tax dollars are spent. For as much money as she makes, she could have made some kind of effort to do her job.
Continue reading “FTB’s Answer — They Didn’t Deny Anything!”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.
Continue reading “Summary of FTB Crimes and Update on My Efforts To Stop Them”