Legal Question in Tax Law in Washington

Can I sue The California Franchise Tax Board? Thay have claimed I owe state tax for two seperate years that I haven't been employeed and move out of state before these years.


Asked on 1/31/12, 3:49 pm

1 Answer from Attorneys

Christopher Larson Insight Law

No. You generally cannot sue a jurisdiction for mistakenly thinking you owe them taxes. This is because, 1) that is the way it has always been for all taxes, and 2) the state controls the court system in which you would bring a lawsuit.

However, all of them provide a means to challenge the assessment of a tax. You should get a hold of the FTB yourself and explain your situation. As what form you need to file to challenge this. Do not rely on oral communications. Tell them you want to challenge it in some form of writing, and you would like a written response.

If this fails, or you are running short on time, you might need to hire an attorney in CA. Henry Lively is a very good one down there. A Washington lawyer would not be effective to challenge a CA state tax as most won't be licensed in CA, and won't have constant dealings with the FTB. CA tax attorneys deal with them all of the time.

Christopher Larson

Insight Law

www.insightlawfirm.com

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Answered on 1/31/12, 9:40 pm


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