Legal Question in Tax Law in California

Old penalty for non-filing in California

I have just received a notice from the California

Franchise Tax Board, after returning to the US following

11 years living abroad. In my youthful wisdom in 1991, I

remember noting that I didn't owe California tax for the

1990 tax year, and so didn't file a California income tax

form for 1990. I returned to the US a little more than a

year ago and have just received a notice of ''Penalty,

Interest, and Fee Waiver Opportunity'' for the tax year

ending 12/1990. The tax they claimed I allegedly owe

on top of the penalties California is adding amount to

more than three times the alleged tax debt. I only have

about 5 days to respond, and California says that iif I do

so, that I will 'only' have to pay the initial 'debt.' I thought

that the Statute of Limitations lasted 4 to 10 years.

What should I do?


Asked on 1/04/03, 5:26 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Old penalty for non-filing in California

Thanks for your posting.

As Ms. Segel noted, there are many other details needed to answer this question, but if you did not file, the statute of limitations (which is 3 years as to any federal liability), is tolled, so the statute of limitations would not apply in your case. Fees, penalties, and interest, are extremely negotiable, and I would recommend having a professional deal with both agencies to reduce the debt as much as possible and obtain a payment plan for you, through an offer and compromise, or otherwise.

I hope this answer was helpful, but if you need more information, have questions, or need representation, please feel free to email me directly at [email protected]. I'm happy to help if I can, and best of luck.

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Answered on 1/06/03, 11:17 pm
Karen J. Segel Law Offices Of Karen J. Segel

Re: Old penalty for non-filing in California

Nothing in this response is deemed to constitute

an attorney-client relationship.

The facts you give are too sketchy. You need

a tax attorney. You should pay the FTB demand

and then have an attorney challenge it afterwards.

This office has substantial tax expertise, so

you may call for a consultation.

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Answered on 1/05/03, 8:27 pm


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