December 6th, 2011
From what I hear from a good friend in California, it appears that the nearly financially bankrupt government for the State of California has recently taken upon what seems to be a new initiative in tax collection tactics – at least new to me.
It seems that the Franchise Tax Board (The California State IRS type agency), will take it upon themselves to determine what a citizen should pay in taxes and then will assess a lien/levy against any monies the resident may hold in any bank accounts up to the amount the Tax Board has unilaterally determined that is due from the resident. This unilateral determination and subsequent lien is irrespective of whether the Californian actually owes any taxes or not – which my good friend did not, I know for a fact!
When the detrimented Californian eventually realizes that the Franchise Tax Board has taken the money from his (/her) bank account, the Californian is then forced to wait endlessly on hold on the telephone to speak to a representative of the Franchise Tax Board to determine what exactly has happened. Upon ‘realizing’ or being ‘informed’ that the tax payer owes no money, the Franchise Tax Board then tells the Californian that the money will be refunded, but the Board can not say exactly when the monies will be refunded. And, when the monies are refunded, it will be in the form of a bank check. Meanwhile, the Franchise Tax Board and the government for the State of California then get to ‘sit on’ and control the held money and collect any interest the unjustly held money may generate until the somewhat-robbed Californian eventually cashes the check representing the refunded monies. (Wasn’t there once some type of legal privilege in the recapture of chattels, I wonder?)
Anyway, so I am now curious: How wide spread is this practice in California, anyhow? Is this happening to any significant degree in other states as well, I have to wonder?
For reasons such as the unjust tax lien story as told above in this blog entry, I again state: REPEAL THE ELEVENTH AMENDMENT TO THE U.S. FEDERAL CONSTITUTION. Furthermore, ALSO REPEAL ANY SIMILAR STATE CONSTITUTIONAL AMENDMENTS OR ANY CODIFICATION THEREOF WHICH MAY IMPART ANY IMMUNITY FROM LEGAL SUITS TO THE GOVERNMENTS ACROSS OUR NATION!! Make the governments liable for wrongdoings currently protected by the Doctrine of Sovereign Immunity – such a doctrine appears as a very bad thing for our health and welfare of our Nation!!
Adam Trotter / AVT
PS. Suddenly the study of tax law seems as an interesting subject. I'll let you know how it all turns out in the end.
11-11-11 Day, Repeal the Eleventh Amendment, I say!
REPEAL THE ELEVENTH (11TH) AMENDMENT TO THE U.S. FEDERAL CONSTITUTION!! Fix Our Dysfunctional Governments and Make Them Liable!