COLLECTION INFORMATION NOTICE - FTB 1140

nralien · #1 02-11-2004, 08:06 PM

I just recieved the following today:

COLLECTION INFORMATION NOTICE

NON R ALIEN
GENERAL DELIVERY
SANTA ROSA CA

Account Number: SSNXXXXXX
Tax years(s):2000
SSN: SSNXXXXXX
Balance Due $9,264.11

In a continuing effort to provide meaningful assistance to you in resolving your tax liabilities, we are providing you information on options you may have, explainations of actions we may take, and your rights as a taxpayer.

This notice does not delay any collection actions currently in place or pending.

TAXPAYERS' BILL OF RIGHTS
The California Taxpayers' Bill of Rights Act ensures that the rights, privacy, and property of California taxpayers are adequately protected during the process of assessing and collecting taxes.

If we take your property and you believe our action is improper, you have the right to a hearing.& During the hearing, you may provide us information to change or stop our levy or to stop the sale of your property.

If you believe that our action in filing a lien was in error, write to us and tell us why.& If we find you are correct, we will send a "Notice of Error" to the credit reporting companies in the county where we filed the lien.

If we terminate your installment agreement, we must notify you in writting 30 days prior to the termination.

If we seize your bank account in error, we can reimburse you for bank charges caused by our error.& You must file your claim within 90 days of the date we filed the levy.

We may contact third parties to determine or collect your tax liabilities.& Subject to privacy laws and your rights as a taxpayer, you may obtain a list of those contacts.& For more information, please contact our Disclosure Office, PO Box 1468, Sacramento, CA 95812-1468.

If you have any questions concerning our collection process or procedures, please call the phone number listed above.

PROVISIONS OF LAW FOR INVOLUNTARY ACTIONS
Wage garnishment is governed by the California Code of Civil Procedures Sections 706.020 through 706.154.& The issuance of a State Tax lien is governed by California Code 7171.& The seizure and sale of real and personal property is governed by California Code of Civil Procedure Sections 700.010 through 704.995, and the California Revenue and Taxation Code Sections 18670 and 18671.

ALTERNATIVES TO INVOLUNTARY ACTIONS
You may prevent these actions by agreeing with the Franchise Tax Board to an installment agreement or Offer in Compromise, or by establishing that your financial hardship prevents you from paying this liability.

TAXPAYER ADVOCATE ASSISTANCE
We have a Taxpayer Advocate who reviews those cases where taxpayers have been unable to resolve thier problems with our department through normal channels.

You may contact the Advocate at: Taxpayer Advocate Bureau, PO Box 157, Rancho Cordova, CA 95741-0157, FAX (916) 845-6614, through their website at www.ftb.ca.gov/Taxpayer_Advocate

Assistance for persons with disabilities: We comply with the Americans with Disabilities Act.& Persons with hearing or speech impairments please call TTY/TDD (800) 822-6268.

FTB 1140 L ARCS (REV 03-2003)
__________________________________________________ _______________
I do not see any direct request for "Balance Due" or other requests for performance.

I was thinking of responding with Commercial Toolbox Release&2.1 (can I say that on this forum?)

Anyone think I should do something else?

nralien

Jerseee · #2 02-12-2004, 12:54 AM

Nralien,

Respond and offer them a good faith payment. YOu may want to cite any State code in regards to accetping forms of payment.

nralien · #3 02-12-2004, 09:12 AM

Jerseee

Payment for tax year 2000 has already been submitted.& My first action with the FTB was to send the&14 page Difficult Opt out with VOD and Certified Promissory Note (in response to a DEMAND FOR TAX $).& Both Gerald H. Goldberg (captain pirate) and the Franchise Tax Board recieved one.& The amount stated then was about $200 less.& They are currently in default and that is why I was asking about the Affidavits of Non-Response/Correspondense.

Since the COLLECTION INFORMATION NOTICE does not directly "demand" anything, I believe they are looking for dishonor on my end if I do not respond with negative averment like in toolbox 2.1.

And since there is no demand for money or performance I cannot honestly bill Gerald.& Like a test.

If I do not respond at all they simply go ahead with collection.

If I respond inappropriately - like sending Gerald a bill...theres no telling what would happen.

What do you think?& Anyone?

nralien

Jerseee · #4 02-12-2004, 12:48 PM

Hmmmm,

Nralien, how about getting them to demand payment in a certain form of currency?& I mean, like simply stating something like " I will gladly remit the amount if you can specify the form of payment please."

since it appears like they are playing a shell game with you so why not ask them first and then move from there.

just thought

nralien · #5 02-12-2004, 02:36 PM

Jerseee

Are you talking about them not being able (not suppose to) specify species?& That is, they cannot demand to be paid in gold, or silver, or even Federal Reserve Notes.& Would there response be: "You may(could, should,&etc.)&submit your personal check, cashiers check or money order to..."

I could be incorrect, but wouldnt there response be as nebulas as the COLLECTION INFORMATION NOTICE or do you know of a way to "nail them down"?

nralien

#6 02-12-2004, 03:22 PM

"but wouldnt there response be as nebulas as the COLLECTION INFORMATION NOTICE or do you know of a way to "nail them down"?"

You won't be able to nail them down. They are&aware of every&TP trick in the book.& Roger Lubiens, (FTB collections) sent me a letter telling me to make&payment with&a "legitimate negotiable instrument"--whatever that means!

&

Jersee said:

Respond and offer them a good faith payment. You may want to cite any State code in regards to accetping forms of payment.

There is no such thing as&an&"Accepting Form of Payment" State code.&FTB doesn't operate within the confines of the Constitution and that's why they can't tell you to send FRNs although the dollar sign ($)&(single line through the S) is supposed to represent FRNs. The double line through the S used to represent&lawful money ie., gold and silver coin.&

&

&

suijuris · #7 02-12-2004, 03:59 PM

"You won't be able to nail them down. They are aware of every TP trick in the book. Roger Lubiens, (FTB collections) sent me a letter telling me to make payment with a "legitimate negotiable instrument"--whatever that means!"

JamesDean,

The idea is not to "nail them down", as you say. They will be more than happy to do it themselves! As Jersee has stated, all that is needed is generally a simple request.

And everyone of us should be so fortunate as communicate with someone as helpful as Mr. Lubiens was in your case! He has given you exactly what you asked for and if you take the time to research negotiable instruments, you will see that you can easily satisfy his request.

Using any "trick", TP or otherwise, is doomed for failure! Rather, I would use the Law.

Regards
Sui Juris

#8 02-12-2004, 04:13 PM

He has given you exactly what you asked for and if you take the time to research negotiable instruments, you will see that you can easily satisfy his request.

I have researched the law on negotiable instruments and have given him a legitimate negotiable instrument, (Griswold's Assignment of Interest) but he dishonored it/refused it.The letter&also states that they don't correspond to correspondence (?!) using&UCC arguments.Yes, I can send him a notice of fault and default, and then record it with the county recorder, but that will not stop them from garnishing my wages.

#9 02-12-2004, 04:56 PM

This article is very good:
&
http://freedomnews.com/docs/HJR192-Law-Money-Choice.doc
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Sever the contract by commencing an action in the state court and disclaim clauses 1 & 2 of Section 1 to the 14th Amendment; 15 U.S.C; Article IV Section 3 clause 2. The state court is the only place you have the common law option of obtaining jurisdiction<SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Times; mso-bidi-font-size: 10.0pt; mso-fareast-font-family: Times; mso-bidi-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA">[1] without the use of a statute or Roman civil law. You fight the IRS in state court using federal law. You should never be in federal court unless in the Supreme Court. If defending in a federal court action, you must challenge service of process and subject matter jurisdiction. And simply remember this, HJR 192 is only prima facie evidence of the law. To overcome it you invoke your right to contract under Article I Section 10.<o

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nralien · #10 02-12-2004, 07:42 PM

JamesDean

When you recieve a "offer" or true presentment in the mail you respond by invoking&your right to contract under Article I Section 10?

Is the language as simple as that or do you have to dismiss some (or all) presumptions, like being a 14th Amendment Citizen?

nralien