Improperly Processing Correspondence – Page 2

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, 2021February 11, 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.

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 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 3, 2021February 10, 2024

The Playbook That Government Agencies Use To Get Away With Criminal Schemes

I watched a video about a woman in Arizona (AZ) who had her children stolen by Child Protective Services (CPS).

As I watched the video, my jaw dropped as I realized that CPS in AZ used strikingly similar tactics to violate the laws as the Franchise Tax Board (FTB) in California (CA) used against me. It can’t be a coincidence that my experience was so similar to hers when it was a completely different issue, involving a completely different agency, with completely different circumstances.

I am starting to realize that there must be a playbook of tactics that government agencies use to extract extra revenue for themselves. Obviously, the specific tactics are customized by the agencies, but the general playbook appears to be identical: 1. Lay a trap, 2. Deny due process 3. Rig the justice system and 4. Have other government agencies cover it up.

February 10, 2021September 28, 2023

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 .

February 17, 2020December 22, 2022

I Have Filed Suit Against FTB in Superior Court of CA!

I lost my Office of Tax Appeal case. While I was disappointed, I was not surprised. Two different attorneys had told me that the OTA almost always sides with the FTB and that hiring an attorney would probably be a waste of money. That is why I originally went with the free attorney from the TAAP program. However, as soon as the TAAP program was moved from the Department of Fee and Tax Administration to the FTB, TAAP withdrew representation. What a surprise. So, I represented myself for the rest of the case.

The OTA verdict that was so blatantly corrupt that it was shocking. I just could not let the FTB/OTA get away with their criminal activities. The OTA is an administrative court, and Californians have the right to appeal administrative court rulings in Superior Court of CA. I went lawyer shopping and found that it would cost a minimum of $30,000 to get my $15,000 in penalties, fees and interest back. The lawyers I spoke with also told me that the FTB is retaliatory and will deliberately run up attorney costs with unnecessary extra legal work. And since I have pissed off the FTB in a big way, it would likely cost me as much as $100,000.

So I decided to act as my own attorney. Here is the brief. In my humble opinion, it is really good. It clearly lays out the FTB’s three racketeering schemes, as well as the unethical and underhanded tactics that the OTA uses to cover up FTB’s criminal activities. I am SO PROUD of myself!!!!! 🙂

I have forwarded this brief to the FBI, CA Auditors office, the FTB’s Board of Directors, Governor Newsom, GovOps, and everyone on the Senate and Assembly Tax Committees . Hopefully, it gets some traction.

November 21, 2019December 22, 2022

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.