California Franchise Tax Board

#1 10-06-2005, 05:49 PM

HELP!!!!! Does anyone know how to combat the heavy hand of the FTB. We have gone through a very hard year and these guys are trying to pick the remaining meat off the bone like vultures. They have 3 liens without any due process or court orders. I sent several certified letters challenging their authority before any liens with subsequent default letters but they still come. Every letter (or offer of contract) they sent to me I've sent back with Refusal for Cause Without Dishonor (5 page Affidavit asking for evidence of jurisdiction and to change the erroneous information) and they never respond. They just take, take, take, they have gone rouge!!! Has anyone been successful in getting them off your back?

entrusted

PANICPASS · #2 10-07-2005, 08:55 PM

You are not going to get due process without court, and they know it. That's how they are getting away with what they are doing to everyone. There is no due process with these agencies. You've got to find a way to somehow drag them into court, but first you need ROCK SOLID evidence of their dishonor. Do a notary protest (collateral estoppel) and then file as a foreign judgment in the district court. You can then use those papers to sue them in any court of competent jurisdiction.

I got a present from IRS the other day. They said if I want to contest the deficiency before I pay, I can file a petition with the US Tax Court for a redetermination of the deficiency. That means I have NO CHOICE. I either PAY or go to court! Okay, fine!

Smith · #3 10-07-2005, 10:00 PM

While still new here I agree with panicpass .

note: Panic Tax court is not a court just the tax board of appeals who's name was changed to tax court back in the 1950's

citizensoldier · #4 10-07-2005, 11:05 PM

I suggest you visit losthorizons.com - there are a few people from California that have prevailed against unlawful tax withholding by the FTB.

rushpat · #5 10-10-2005, 12:16 PM

The FTB is worse than the IRS. The biggest problem is that they won't ever identify who there is sending this stuff to you. They even refuse to give this information on the state version of the FOIA request. They say it is for 'security' reasons. That would probably mean Job Security.

Your best bet is to move out of California. No joke. Leave, get all assets out of your name and work contract through your own, private LLC.

iamfreeru2 · #6 10-10-2005, 03:14 PM

I agree with RP on this. I left California in 1998 and moved to Florida. I made the right move and am glad I did for more than one reason.

weishaupt1776 · #7 10-11-2005, 07:30 AM

Quote:

Originally Posted by iamfreeru2

I agree with RP on this. I left California in 1998 and moved to Florida. I made the right move and am glad I did for more than one reason.

The FTB is the least of a Californian's worries

The Establishment will be setting off a 9.0 quake probably in L.A. using the HAARP towers before long

PANICPASS · #8 10-11-2005, 10:14 PM

Why do you say that, Weis? Where did you get your info?

The Notice of State Tax Lien is the only document I've seen with a signature. They refuse to identify their employees because it is for 'security' reasons-- they don't want their employees harassed by the public. It's more for job safety than job security. Pretty soon IRS will be doing the same thing: No contact person - just a brick wall.

But even if you move out of state they will find you and haunt you like they did Rushpat. They are extremely hard to get rid of-- they stick to you like tics.

#9 10-12-2005, 02:16 PM

last year I saw on Angel With an Inkwell, reference to the Privacy Act that said you establish a file that contains favorable info like "the debt is discharged /the alleged creditor is not a taxpayer". then you notify the agency that is attempting adverse action that you are- I forget the term, a disclosure source, that you have information that disagrees with their information and under the act, all action stops until the information is changed to reflect the true information. Anyone research this?

rushpat · #10 10-14-2005, 09:22 AM

Well, they run everything through their computer system and it works on an automated schedule, it appears, so no letters stop or even slow them down. The best bet is to be out of their jurisdiction. Although I still get the occasional letter telling me that they'll do really bad things to me, they are limited in what they can do from the other side of the country. My own state has strict limitations on garnishment and seizures. (They require special orders from a court jurisdiction in this state... FTB won't get those, I'm thinking).