     Darin Tully (Darint) | Wednesday, April 04, 2001 - 01:04 pm 
This is a bit off the subject but I'm hoping someone can help or point me in the right direction.
Back in 1997 the State of California filed a Tax Lien against me for the year of 1995. I never filed (young and stupid) so they determined this was what I owed and by the time I received the documents saying they where going to file I had lost my W2 and the company had folded and was gone. So, after I saved up I paid the amount and they released it in 1/99.
Flash back to day and I'm going through all my old stuff in the attic and low and behold I found my 1995 W2. So I went online, downloaded a 1995 540A from the States website and did my return. Well, they owe me $256. So I called the Franchise Tax Board and was told that even if I sent the tax return in they wouldn't give me the $256 or even the $1400 I sent to get the lien released. I said that was fine, but to please have the lien(which was released) removed completely since it was incorrect. No can do is what they told me. Even if I didn't owe them any money they wouldn't remove it because I didn't file in time!! They said it was up to the CRA's to remove the mark.
Well I know if I have the CRA's investigate they'll just see that it is indeed on file at our local City Hall and send me a letter stating that it was verified.
Is there anyway to get the CRA's to remove this since it is infact an incorrect mark. I never owed them any money. Not only do they get to keep my money but I'm going to be punished for the next 5 years. I told Shirley at the Franchise Tax Board this - when a person is convicted of a crime and gets life in jail and then 10 years later the law finds out they actually didn't do it, they release the person and remove their criminal record. They are not punished for the next 5 years.
Sorry again - but I'm desperate. And I know this is killing my FICO scores 
Darin |
| Shylock (Shylock) | Wednesday, April 04, 2001 - 04:31 pm
Any incorrect item can be removed (with enough tries). Many correct items can be removed too (with enough tries).
I recommend you try disputing it. |
| Darin Tully (Darint) | Wednesday, April 04, 2001 - 06:00 pm
Thanks Shylock - you're always a help.
Actually I had a great idea. I'll call them tomorrow (Federal Tax Board) and ask if I send in my 1995 tax return if they will simply send me back a letter stating that I did have a refund coming but due to the length of the delay they won't refund the money. And they can keep the money.
Then I'll write the CRA stating the Lien is an error and that I didn't owe any money to the State in 1995 (and having the letter as evidence). That just might work. |
| Christine Baker (Admin) | Wednesday, April 04, 2001 - 07:57 pm
Yeah, try getting as much evidence as you can.
I'm confused on the numbers:
Well, they owe me $256. So I called the Franchise Tax Board and was told that even if I sent the tax return in they wouldn't give me the $256 or even the $1400 I sent to get the lien released.
and
I never owed them any money.
They thought you owed $256 and $1,400 included the penalties? |
| Darin Tully (Darint) | Thursday, April 05, 2001 - 05:12 am
Sorry for the confusion Christine.
The FTB said I owed $759.00 for the 1995 year and when they filed the lien it was for $1,476.90 which included penalties, interest and collection cost on top of the initial $759.00. But after doing my return I see that if I had filed in time I would have received a refund of $256 and all of this would have never happened (live and learn).
I called a few places last night and they said the same thing - when you don't file they (both the IRS and the FTB) will file for you and figure you tax amount you should have paid at a single with no dependents level and no deductions. But I was divorced and was head of household since I had my daughter. |
| Christine Baker (Admin) | Thursday, April 05, 2001 - 09:24 am
They sure know how make money. I think you only have 3 years to amend returns, but it really doesn't sound right to not even remove the lien.
Have you tried that Taxpayer Advocate office? |
| Shylock (Shylock) | Thursday, April 05, 2001 - 01:13 pm
California Sucks. |
| Darin Tully (Darint) | Thursday, April 05, 2001 - 01:30 pm
No I haven't. Didn't even know there was one. And idea where I can get their number?
And yes... California sucks. But being a DBA in the Silicon Valley helps.
But it still sucks  |
| Christine Baker (Admin) | Thursday, April 05, 2001 - 02:40 pm
Arizona sucks worse!
I saw that Taxpayer Advocacy info everywhere, it seemed to be included with every correspondence or tax form or tax brochure.
If you just call any number at the FTB they should be able to give it to you.
I faintly remember having some dealings with them and I think they were helpful.
What's a DBA? |
| Darin Tully (Darint) | Thursday, April 05, 2001 - 04:50 pm
Thanks again Christine. I'll look through all my documents for their number and if I don't find it I'll call the FTB for it.
DBA - Database Administrator |
