[rushpat]

Hello all,

Long story short:
- Lived in CA in 1999 for 1 year, moved back to Georgia
- Summer 2003, received standard request for tax return for CA (form 540NR)
- Conditionally accepted to file upon proof of claim (10 conditions), negative averment, 15 days to respond, warning of monetary damages sought if they continued to harass without meeting conditions
- After 15 days, started what we called then a Notarial Protest... basically a 1-2-3-default method, fronted by a knowlegable public notary in California
- He sent notice of dishonor, 10 days to cure, copies of original paperwork
- He then sent notice of protest, final 10 days to cure
- Issued us both (Gerald Goldberg, director FTB and myself) a Notice of Protest in my favor
- Have not filed it in the public record yet (looking into this)
- Now, 4 months later, received Notice of Proposed Assessment. Monetary listing and a note that they disagree with my position, cites useless court decisions about their power to tax, blah, blah, blah

Hmm... could this be an attempt to get me to recontract with them?

Having just received it today, I'm already preparing paperwork to send back within 72 hours (listening to Rice Mcleod lately... 3days=contract, 7days=default, 10days=summary judgement... could it apply here?)

I am currently going by some of the info in the Commercial Toolbox release 3.0 (response to IRS notice of Proposed assessment).

In it, they state that the 30day limit in an IRS letter is indicative of a presentment in accordance with the FDCPA. The FTB note I received today is 60 days. Any thoughts?

Also, does anyone know of the California rule or regulation that states that the FTB must conform to portions of the FDCPA like the IRM does for the IRS?

I'm also thinking that it might be good to reference the previous Conditional Acceptance with the Certificate of protest (photocopy) as an additional attachment and notice in the affidavit in support.

Also, I know that nralien has been battling them as well. I heard that the FTB is like a steamroller that just doesn't stop. They've liened his bank account. I'm wondering what they'd do to someone outside of California like me.

Thanks for any thoughts.