Calif. State Tax Penalty w/out Notice - Help
Bruce Briscoe
I filed my Calif. State Income Tax forms late. Prior to my filing I
received a letter from the Franchise Tax Board (California's state taxing
authority) stating they had not received my tax form and where was it. It
took me about 6 more weeks before I could file. In that period of time,
the FTB says they sent me a 'DEMAND' letter. The penalty for not
responding to this DEMAND letter was loss of 25% of my tax payments made
for that year ($1,200 in my case). I NEVER received this letter. I've
appealed this penalty and been rejected twice. Both appeals were based on
my not receiving this letter and asking the FTB if they sent it
Registered/Certified, etc, or could show that I had received this DEMAND
letter. They basically say that they don't HAVE to prove I received it.
I even met with my State Rep's liaison and asked for help. She contacted
FTB and was told the same thing. I asked if legislation could be
introduced to require the FTB to send certified or registered letters and
was told the Rep. couldn't introduce any bills for a year because she had
submitted as many as she was allowed.
What the **** is going on here. As far as I can tell the FTB just TOOK
$1,200 of mine without my consent (they seized my current year tax refund).
Gee, why isn't the penalty for not responding to a DEMAND letter, lose of
all my tax payments that year (this would have been almost $5,000 for me).
What can I do? Can I file a class-action suit against the FTB for myself
and all other tax payers like myself? Can I file a suit in small claims
suit against the FTB?
Help!
--
"You're just a clerk in a shop, so you can lose the attitude" Edina
"All the things you said to me today, changed my perspective in every
way" Cranberries
Bruce in Oakland, CA
(bri...@BruceBriscoe.com)
(http://www.BruceBriscoe.com/welcome.htm)