• Report: #264660

Complaint Review: State Of California Franchise Tax Board

  • Submitted: Wed, August 01, 2007
  • Updated: Thu, August 02, 2007

  • Reported By:Somewhere California
State Of California Franchise Tax Board
P.O. Box 942840 Sacramento, California U.S.A.

State Of California Franchise Tax Board ripoff STEALING FROM THE WORKING CLASS NO LAW TO TAX EMPLOYEES Sacramento California

*Consumer Comment: Read the 16th ammendment to the US Constitution.

*Consumer Comment: Read the 16th ammendment to the US Constitution.

*Consumer Comment: Read the 16th ammendment to the US Constitution.

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The People (Agents) of the California State Franchise Tax Board operate a racketeering scheme outside of the requirements of law. There is no law permitting a tax on wages earned in the course of a employer/employee relationship. That's why filing such a tax is called "voluntary self compliance." In other words, you tell the government what you owe based upon what the agents tell you in their forms. This is a Direct Tax reserved for the Federal Government and it must be apportioned.

The FTB refuses to properly inform people of this fact, has lost court cases due to this fact, refers to protests as "frivilous claims," and refuses to discuss the matter.

The law requires the FTB to take those who they claim owe a tax debt to court, where the case is to be decided and the amount of payment to be made is fixed by the court, based upon the ability of the taxpayer to pay. If the taxpayer does not comply with the court order, then a levy has to be made by the court, and the levy is in the amount the tax payer can afford to pay, with his bare living expenses reserved. But the FTB side-steps these legal requirements and conducts their own levy in a full amount without consideration to the tax payer's ability or other debts, such as feeding his family. They work a complete denial of Due Process which evidences a racketeering scheme accomplished by the people of the FTB since they do not follow the laws.

There is another reason there is no tax on wages earned in an employer/employee relationship, this is found within the United States Constitution:

1. Article VI: This Constitution, and the laws of the United States which shall be made in Pursuance thereof shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The laws of the States and judges decisions must comply with this Constitution and be made in pursuance of its requirements; and any Contrary law cannot withstand the Constitutional law.

2. Article I, section 10: No State shall make any Thing but gold and silver Coin a Tender in Payment of Debts The Agents of the State of California have violated this Constitutional requirement without amending the Constitution; and have illegally taken from individuals their earnings in other forms.

3. Amendments Article IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (Such as the Right to Live and Work).

4. Amendments Article X: The powers not delegated to the United States, nor prohibited by it to the States, are reserved to the States respectively, or to the people.The power to apply a direct Tax is a U.S. constitutionally delegated based power. Powers delegated to the United States government entity are specific and not delegated to the States though they may not be prohibited within the Constitution. The amendment states but a truism that all is retained which has not been surrendered. According to the Tenth Amendment, the federal government of the United States has the power to regulate only matters specifically delegated to it by the Constitution. Direct Taxes must be apportioned, the Supreme Court has ruled on that matter long ago in the Brushaber Case, stating that the 16th Amendment did not alleviate the requirement for Direct Taxes to be apportioned.

5. Article I, section 1: All legislative Powers herein granted shall be vested in a Congress of the United States The legislative powers granted in the U.S. Constitution are vested (only) in the Congress, and all State law must be made in pursuance thereof. Thus State Constitutions must comply with the Articles of the United States Constitution.

6. Article I, section 2: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers A tax upon wages earned in the course of a regular employer/employee relationship is a direct Tax, and must be apportioned. A direct Tax is a right of Congress only.

7. Article I, section 8: he Congress shall have Power To lay and collect Taxes This Power also is a State legislative Power, but can only be applied to such things as are not allocated to the Congress. Thus you will note that the U.S. Constitution does not deal with sales taxes, while the State legislature has the ability to apply such taxation.

8. Article I, section 9: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration hereinbefore directed to be taken. This again confirms that a direct Tax which is a tax directly upon a person or that persons employment earnings can only be applied by the U.S. Government since States do not have the ability to apportion such a tax in uniformity with other States. It is a national tax, not a State tax.

9. You will also note that in all of the State and Federal laws, there is no legal definition of the word income as it applies to the tax laws. The Supreme Court has also defined this by stating income from whatever source derived is profits or gains. By reading the Articles this is obvious.

The taxation laws of the State deal with property - real and tangible - and with sales and use taxes; but there is another important fact, i.e., the word "income" as used in the law is not defined legally. So what then does "income" mean? Well, if one carefully reads the law, it is obvious that "income" is used in relationship to taxes on "income from whatever source derived" , or profits and gains earned after all expenses have been deducted.

Another slick shadowy way they fleece the people is by having one sign his name "under the penalty of purjury." People do not understand that this is giving legal testimony to the fact that what is documented is true. This negates the necessity of the FTB taking you to court, because you have already resolved the issue for them. Even if there is no law and one signs such a return, he is testifying to its truth, the same as he would be doing in a court of law. If you make a mistake, you have already testified to the mistake being true. If you don't know the law, and if the agents of the FTB refuse to tell you the law, and you sign this document - even if there is no law you have testified that you owe the amount to the FTB. By signing such a document you are taking the full responsibility from their backs and placing it on yours.

I will watch this report, and respond to your questions or replies. It is time the agents of our government put the Rights of the People first and foremost, and stop stealing from us the revenues of our hard earned wages. The burdens of their greed, apathy and refusal to deal with what is right, must be placed where they belong, not on the backs of the people who cannot pay their bills. This is the progenator of all social problems, this unjust and onerous system of taxes in the State of California. We must do what is Right.

Mask
Somewhere, California
U.S.A.

This report was posted on Ripoff Report on 08/01/2007 05:31 PM and is a permanent record located here: http://www.ripoffreport.com/r/State-Of-California-Franchise-Tax-Board/Sacramento-California-94240-0040/State-Of-California-Franchise-Tax-Board-ripoff-STEALING-FROM-THE-WORKING-CLASS-NO-LAW-TO-T-264660. 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

Read the 16th ammendment to the US Constitution.

AUTHOR: Robert - (U.S.A.)

Every decade someone comes up with this argument.

I don't like it one bit, but read the 16th ammendment to the U.S. Constitution.
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#2 Consumer Comment

Read the 16th ammendment to the US Constitution.

AUTHOR: Robert - (U.S.A.)

Every decade someone comes up with this argument.

I don't like it one bit, but read the 16th ammendment to the U.S. Constitution.
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#3 Consumer Comment

Read the 16th ammendment to the US Constitution.

AUTHOR: Robert - (U.S.A.)

Every decade someone comes up with this argument.

I don't like it one bit, but read the 16th ammendment to the U.S. Constitution.
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