• Report: #867212

Complaint Review: California Franchise Tax Board

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  • Submitted: Wed, April 11, 2012
  • Updated: Wed, April 11, 2012

  • Reported By: The Man — United States of America
California Franchise Tax Board
PO Box 942840 Sacramento, CA 94240-0040 Internet United States of America

California Franchise Tax Board due process, tax gangsters, impunity Sacramento, Internet

*Consumer Comment: Re: California Franchise Tax Board

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From reading some of the posts within the website it seems that I am not the only person being abused by the Franchise Tax Board.

I would like to ask everyone who will read this statement a few questions.



  1. Are the laws of the State of California only for the Citizens?


  2. Do the State Agencies have to comply with State laws?


  3. Is the California Constitution the law of the State?


  4. Can the FTB create their own laws and apply them as they see fit?


  5. Can the FTB violate Federal Laws?


  6. Are the Administrative and Civil Procedures of the State only on the books for window dressing?

Now, if you have never had to deal with the FTB, then consider yourself lucky for now.  The FTB seems to feel, at least until recently, that they did not have to answer to anyone.  In a recent court
case (Hyatt), the FTB was spanked by a jury for over a $300 million dollar judgement.

In the aforementioned incident, the FTB personnel harassed, violated the person's privacy rights and basically stalked this man for an alleged financial debt.  The FTB went about their usual procedure of violating the rights of the person and have paid a very high price for doing so.

Ok, here are a few facts that you, all people, must know that the FTB are not allowed to do.  According to the Constitution of California, Article 15 under the Usury section 1, it states.

The rate of interest upon the loan or forbearance of any money, goods, or things in action, or on accounts after demand, shall be 7 percent per annum but it shall be competent for the parties to any loan or forbearance of any money, goods or things in action to contract in writing for a rate of interest.

Sub Section (1) For any loan or forbearance of any money, goods, or things in action, if the money, goods, or things in action are for the use primarily for personal, family, or household purposes, at a rate not exceeding 10 percent per annum; ......

Sub Section (2),paragraph (3) The rate of interest upon a judgement rendered in any court of this State shall be set by the Legislature at not more than 10 percent per annum.

For clarification, I will give the definitions of some of the words being used in the previous statements.

Annum: Latin referring to a year.

Forbearance: It refers to the borrower and the lender agreeing to a special arrangement for stopping a foreclosure.

Many of you are probably thinking that this cannot be true, but it is. The Usury Section in the Constitution is very clear. As anyone who did attend and listen in civic and government class knows, any law that is in conflict with the Constitution, being either a State or the Federal Constitution, then that law is no law at all.  It is invalid upon its face.

How does the FTB get away with charging all those outrageous interest charges? Answer, no one fights back!  If and when people read what the LAW states and use what the LAW says against the FTB, they will continue to violate the law with impunity.

The FTB even states in one of their own documents that the charging of interest is not a penalty but it is for the use of the money.  Well that statement definitely would put them in conflict with the information presented in my earlier portion of this post.  The Usury section of the Constitution
forbade the charging of any amount above that which the Legislature has set which is 10 percent per annum.

According to the Code of Civil Procedure, Section 488.010-488-140, it describes a writ of attachment which is one of the requirements that is part of due process to acquire someone's property. 

Under Section 488.300-488.485 it describes the use of a writ of execution as the other method to obtain the alleged amount owed to the agency.

Contained in the California Codes of Revenue and Taxation Section 13620-13622, it states that a writ of execution should be used by the Controller to enforce a judgement  in respect to collecting a tax.

I could go on and on about the number of Civil and Administrative Procedures that the FTB violates, but that does not matter until we, as the victimized, start filing suit against them and costing the agency a substantial amount of money.  What I am suggesting is suing them professionally and personally.

The reason that I even decided to write this post is that the agency has recently taken funds from my account and violated the procedures that I just referred to previously.

The funny thing is that they took the money for an alleged debt that was paid over a decade ago.  I have the proof via money orders and registered mail receipts. 

So, I started looking up everything under the sun to see if they had violated the law in any fashion and the information that I wrote about is what I have found at this time.

Hey these are my thoughts and I could be wrong, but I doubt it.



This report was posted on Ripoff Report on 04/11/2012 05:08 PM and is a permanent record located here: http://www.ripoffreport.com/r/California-Franchise-Tax-Board/internet/California-Franchise-Tax-Board-due-process-tax-gangsters-impunity-Sacramento-Internet-867212. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Re: California Franchise Tax Board

AUTHOR: C - ()

5/28/2014

 

I have read your post and I can say your are spot on. I have not only personal but intimate experience with the FTB. I am responding to your post late and for that I am sorry. Perhaps I may be able to shed some light to you, your plight and the circumstances of many others as well.

The case you referenced is that of Gilbert P Hyatt who won judgment against the FTB 1991 then moved to Nevada of which later the FTB came after him and sued him touting their sovereignty to the Nevada supreme courts in a effort to get the courts to support the FTB as the state of California. They failed and it back fired on them, they lost. The FTB appealed and lost again and now the debt is over 500 million against the FTB. There are only three people who has prevailed over the FTB in the past and won. The laws are wound that tight in favor of the FTB.

 First of all I am someone who once work for them many years ago but left 4 months after receiving their training and into the job because of the line of treatment and contempt they demonstrated for the everyday working man, and yes I did say contempt although you will never get them to admit to it. I worked for them in the past and in fact still work for the state of California but just a different agency.

One and Only marker for you to hold near and dear to your heart when dealing with the FTB. Their first line of defense is they lie like rugs. You can discuss your issue with them on Monday and then go back on Friday the same week and they will deny saying what they told you on Monday particularly if it means they are going to look bad or if they are in fact trying to entrap you and they will do that. The job requires you to sociopathic with respects to being comfortable lying.

The problem is most Californians take the agency at its word that it is working in the interest of the state and it citizens collectively when nothing could be further from the truth.

Yes the FTB preliminary moniker is to collect as much money as possible in order to meet their quota and they do not care how they do it, even if it means breaking laws both federal as well as state. Again to reiterate I worked for them and yet I still work for a governmental agency right now,  and I can say the  corruption, the graft, lies, cronyism, and propagandizing is incredible on all levels and not just at the FTB.

They will steal under the color of authority because they can, and if caught they will simply defer to their Sovereignty and their ability to look ethical and operating within the guise of the law. They will in fact tell you one thing and yet do another, then lie to you about it.

Now as to your questions

Are the laws of the State of California only for the Citizens? YES (Placibo only effectiveness)


Do the State Agencies have to comply with State laws?   In theory YES, but NOT

 

Is the California Constitution the law of the State?   In theory YES, but NOT unless you are wealthy, unless you have a high powered law firm at your disposal



Can the FTB create their own laws and apply them as they see fit?  Create their own laws NO, ignore the existing laws in place which I might add are very strong YES.


Can the FTB violate Federal Laws?   Yes they can and Yes they will, they will never be brought to trial because the state of California hides behind it’s Federally granted Sovereignty, which by they was granted to all states in the union to protect the states from Federal abuses. However the state of California abuses its citizens and when caught dirty they scream “No Foul” we are a  Sovereignty and as  such the laws to not apply to us and we do not have to comply. You can  sue individuals working for them, but  good luck with that. They are so clandestine and afraid very afraid that they  go though extraordinary lengths to hide. They call you,  but you cannot call them back….the phone always goes to a busy signal. They trun on and off their phone lines at will.


Are the Administrative and Civil Procedures of the State only on the books for window dressing? YES (Placibo only effectiveness), but they are redundant and can be enforced and I will explain shortly.

 

 How to kill a mocking bird meaning the FTB. First of all you will need the following

A. Resources:

  1. Money lots of it or possible the ACLU that is if you can garner or rally enough folks to join in. (difficult task because most are afraid of the FTB.)
  2. High powered Law Firm with a specialty in Tax law. (translation big money again)
  3. Be prepared and already have on board a hungry media station preferably TV, or maybe KNX 1070, or even worst KFWB 980 Ken and Bob.
  4. Start everything at once.

  First of all I agree with you completely, the only way to stop the FTB is to nationally and publicly sue them while exposing them while in the process. This must be done collectively and not as a single party.

 

  1. However, if you do decide to take them on as an individual you must know the nature of the hierarchy :
    1. The FTB is manned with uneducated staff particularly their line staff, the grunts, the worker ants. They know nothing and unfortunately are miserable people making at best 29K to 35K per year. They are authorized to get into your finances and when they see how much you make it will piss them off.
    2. Here you have the supervisory not the real shot callers but the fact of the matter is they are afraid of the system too so they will not rock the boat even if they know what they are doing is possibly wrong.
    3. Here you have the chiefs and administrators of which you will not NEVER EVER see nor have contact with, thus and therefore you are relegated to dealing with the grunts and their supervisors only.
    4. d.   Now for the most import part there is only one savings grace and that is in governmental organizational hierarchy you must over-ride them and go to the regulatory agency for the FTB which is the state of California BOE (Board of Equalization). The boards are divided into districts and the people there in contained are constituents. However you do not necessarily have to go to your board for results if you are being waylaid by the FTB.
    5. e.      The chief chairperson that is with the BOE and who also sits on and the board and is chief over the FTB is a gentleman by the name of Jerome Horton, his office is located in El Segundo California. He is sympatric and somewhat accessible. However  the directives are the same although he is sympatric and often he leaves problem resolution to his staff, one must remember the preliminary objectives are those of the FTB unless you can meet one on one with Mr. Horton and sit  down and show him  where your problem is, and Oh , big OH your problem should be rooted in laws which at that stage needs to be clearly in you favor.
    6. f.        The major problem is although the laws are in place the idiots charge with carrying them out rarely look at them, if at all, and if they could would not understand them anyway.
    7. g.       The only time the laws are referenced is when the FTB is being  challenged. Then it is at this time they will address them. Also they will take the laws and used them to steal from you.

Resolution:

                    8.  h.   Should you embark upon going after your money and I can tell you from personal experience you do have grounds, you would have to file an appeal with the BOE alleging the FTB operated outside the scope of it administrative authority (by the way they will never say they stole your money, nor will they admit it was done in error). However  go to RTC and read sections 21001 -21028,  19116, 19226, and have been pay particular attention to  21015.5. 21016, 21018, 21019 (all of this one) 21020/21 these are the typical  laws often violated by the FTB.

  1. i.        You will have to be well documented and break out all details and data bullet point style and backed up with Citing of law RTC
  2. j.        Also look into Senator George Runner (RT) who is now a BOE chairperson and his article on the FTB stealing money  by (Adrian Vance) and his endorsement of California state senator Steve Knight SB1327 and Don Wagner AB2510 both address what happened to you and me as well.
  3. k.       I highly suggest that you contact these guys and complain and share you  story as to how you were victimized

 

I am looking to sue also, for I too have been a victim of the FTB over reaching, but in my case it is the worst ever imaginable. Perhaps you can convince these guys to provide you with contact info or you can get mine from them.

 

I will come back here and check regularly, leave me a message of some sort if possible.

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