FTB request for return

[quadl]

Hello everyone,

I have a letter requesting a return from the FTB for 2003. Now I know most of you are going to say not to file to which I completely agree. Having said that i would like any suggestions in responding to them on their alleged debt. What do I write back to them and claim? As everyone is aware the FTB is the worst agency to deal with and they will proceed with garnishments and liens in no time flat. So how do I respond to their request and keep them off my back?

Any suggestions would be very helpful.

Bill

quadl,

Please see the downloads section under FTB for some ideasl

[rushpat]

www.sedm.org has some response letters to various tax letters by state agencies. Here's the link to the California FTB response letter page:

http://www.sedm.org/cgi-bin/ccp51pro...teResponseLtrs

I'm not sure how much good any letter will be, as they usually don't stop, once they have you in their sites.

The first time they asked for a return for me, I responded with a conditional acceptance and redraft. I didn't hear from them for 6 months.

Your best bet is to start protecting your assets. Get the bank accounts out of your name. Get your property (cars and house) out of your name. Consider a trust or LLC as a way of interfacing with banks, property, etc. Find a trusted friend or relative that has no problems with the FTB/IRS, etc and see if you can do the joint account, or have them open one in their name with your money and get a debit card for it.

Look up the decisions from Williamson VS Boulder Dam Credit Union, and also United States VS O'Dell, for decisions that require court orders before seizing property.

If you are a Christian, get with a Christian support group and have them pray about your situation. It's up to you on how much to reveal, just tell them what you think they need to know to be praying for your situation.

Politely asks your bank and employer what their written policy states about account seizures, or garnishment letters. Try to get them to admit that they require court orders to do it. Get it in writing. You might want to read the California Franchise Theft Board thread in the taxation forum on this site. Tora found a great entry in the California statutes that stated that an Earnings Withholding Order requires a signature and a court judgment. Inform you bank and Employer that they are not allowed to take your earnings without a court order.

Prepare at all times to immediately respond to any letters the FTB sends. In every case, put the burden of proof back on them to prove you were engaged in taxable activity, occupation or privelege which created a taxable source of income. Any letters putting the burden of proof on them should also have notarized affidavits that basically say that you don't have any evidence from them that you have or are.... (fill in the blanks), in negative averment format.

Read this article:
http://famguardian.org/Subjects/Taxe...ertDefMeth.htm

You might want to look at this and also use something like the sample affidavit linked there:

http://famguardian.org/Subjects/Taxe...MQuestions.htm


You might want to get your IMF from the IRS and see if the code indicates if you are required to file for that year. Remember, the state liabilities are always based on Federal Liabilities.

Keep studying. Consider watching all 28 of KenG's IRS 101 seminar videos online at: www.showmethelaw.net

You aren't the only one going through this. Just stay calm and you should be ready.