Legal Question in Business Law in California

wrongful business partnership accusation

for almost nine full years the CA. state board of of equalization has held me liable for a delinquent business tax after my signature was forged on a single business form''application for retailers permit'' I have paid years of wage garn.and through these nine years I have lost EVERYTHING I have ever owned due to this false accusation. Since the very first notification of this said business partnership, I have been in contact with the Ca. S.B.O.E. ''SINCE 1997'' I have complied with all of their request in regards to being cleared of said partnership, but for these nine years I have gotten nowhere! so after numerous phone calls as well as written letters, finally the S.B.O.E. gave me a scheduled hearing date for 3-1-2006. Then just one day prior to scheduled hearing I get a phone call telling me that my presence will not be necessary for the scheduled hearing on the following day since my name was removed from said business partnership. I was also told arefund is highly unlikely due to the statue of limitations. on the paperwork rec'vd from S.B.O.E. that shows my name being removed from said business partnership as well as no longer being held liable for business tax debt, well these forms were not signed as instructed. what do I do


Asked on 8/13/06, 3:27 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: wrongful business partnership accusation

You CAN bring a claim for improperly withheld taxes and penalties, but may be limited in the number of years you can 'look back'. If interested in doing this, feel free to contact me.

Read more
Answered on 8/14/06, 1:15 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: wrongful business partnership accusation

The Board of Equalization has an appeal process. I can't at the moment tell you much about it, but you can start looking on line. Others I know have had good success by writing their story in a letter to everyone in a position of power in state government, including the governor, each member of the Board, and their state senator and assembypersons. The letter should be one page, typewritten or word-processed, factual, and free from spelling or grammatical mistakes.

If you need an attorney or need to ask a follow-up LawGuru question, the proper branch of law is administrative law. This is the specialty that deals with government agencies and their processes.

I think they have a duty to refund improper tax collections whether or not a lot of time has passed. The statute of limitations might prevent prosecution of the wrongdoer, but I think (without being sure) over-collected taxes can be refunded if due to the agency's error, at any future time. At minimum, I know they do sometimes, even if perhaps not required to do so.

Read more
Answered on 8/13/06, 12:15 pm


Related Questions & Answers

More Business Law questions and answers in California