Legal Question in Personal Injury in California
Can i sue the California franchise tax board for knowingly and purposely used only the gain number on my 1099 to determine my tax burden. They did not use to adjusted number after losses were subtracted even though the gain, loss, adjusted numbers were all right in front of their faces. When i called on their recorded line they states they used the wrong number on purpose to “wake me up” and to “get me to act”. Now they have filed a lien against anything i own for $397,000 when my actual real tax burden is closer to 3k. Can i sue them as they purposely have been using info they know to be incorrect to stress me out. And now have knowingly committed fraud filing a lien a dollar amount they know is astronomically incorrect with the intent to commit theft and stress me out more?
1 Answer from Attorneys
"Can i sue the California franchise tax board "?
Suit against any government agency or agent is available only if you can 'prove' they intentionally took action knowingly intended to harm you that was clearly 'outside the scope of their authority'. Just saying that in your post is not 'proof'.
You may, or may not, have grounds for some recourse, or to take some legal action, and you may, or may not, be 'timely' under applicable Statutes of Limitations or theories of 'waiver' to be able to do so.
If they have already filed liens, it would appear that you either filed and lost statutory appeals, or didn't file any.
The only way you are going to get a useable answer to your question is to consult with an attorney knowledgeable in such administrative law, pay him to review all the evidence and documents in your case, and get his opinion of what if anything you can do, and what that process involves and what it will cost. Don't delay/
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