Legal Question in Tax Law in California

Franchise Tax Board says we owe taxes from 1984?

My wife rec.a notice from FTB saying she failed to file a return in 1984 and owes 518.00 without amnesty. If she returns the application for amnesty she forfeits any right to go back and file a return. They will acess additional penalties if she doesn't. When she calls them they say they have no record of a return for 1984, they refuse to provide any more info to her and say she must pay or get an attorney. The worst part of this is 5 years ago they kept our tax returns for this very same issue, in fact we didn't get a return from the state for 4 years over a 1,000 of returns they kept. Can they do this? Please help!


Asked on 1/12/05, 1:27 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Franchise Tax Board says we owe taxes from 1984?

If you do not have a copy of the 1984 return or a cancelled check proving that 1984 taxes were paid previously, and you believe that the taxes owed are less than $518, you will need to produce documents establishing income for 1984 (and any deductions). The FTB is not required to accept this type of information in a tax amnesty application, but at least you will show that they are attempting to collect taxes in an unfair and arbitrary manner.

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Answered on 1/13/05, 5:22 pm


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