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How to sue CA franchise Tax Board from Florida?

Cape Coral, FL |

Sold my house in 2005 and move to Florida. Filed 2005 tax with Ca from Florida in April 2006. Being levy for 2006 & 2007 income tax. Sent them my federal return shown return address at Florida. Recently they levy my bank account. Spoke to them and they want HUD for house sold in 2005. Never receive any question for capital gain for the house sold. They use the mortgage interest for the home in Florida to estimate my income for 2006 & 2007. Ask them why they need the hud. Been told send them the hud or pay income tax for 2006 & 2007. Need an attorney to take the case. Don't have money to hire an attorney. Thank you in advance for any tip of how to sue them from Florida.

Attorney Answers 3

  1. Best answer

    I believe that I answered your prior question, but it was nclear what you were being taxed for.....

    In response to this question, the CA FTB probably wants the HUD 1 to show that you sold the home in 2005 and left the Stateof CA. They are apparrenty asserting that you were a CA resident in 2006 and 2007. You need to really consider hiring an attorney in CA to represent you. Also, you cannot successfully sue the CA FTB in the State of Florida, as jurisdiction lies in CA. You must sue them in CA, if it goes that far. What you need to do is prove to them that you moved from CA to FL in 2005. Since you are no longer a resident in CA, it will be difficult to qualify for local pro bono representation. This is a serious matter, do not try to handle it yourself. You need to retain counsel. Best of luck to you.

    This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.

  2. Did you file CA returns in 2006 or 2007? If you can prove that you did not live in California during those years, you might be better off filing a non-resident return showing $0 in state income tax instead of filing a lawsuit. Talk to a tax professional about filing CA Form 540-NR. I don't know all the facts surrounding your situation and cannot competently advise you, but that's where I would probably start.

    I wouldn't expect many attorneys to take on a case like this with no prospect of earning a fee. You might consider contacting a Low-Income Taxpayer Clinic in Florida for assistance. I've attached a link below with contact information for clinics like this. I've personally never worked with any of them and cannot address their competency level.

    Robert Hoffman is a tax attorney licensed in California. The information presented here is general in nature and is not intended as a substitute for legal advice. This posting does not create any attorney-client relationship with the author. For competent advice about your particular situation, consult your own attorney.

  3. I agree with my colleagues here - and you'd be well served to enlist the help of a tax attorney to sort this out. The CA Franchise Tax Board is notoriously persistent in collection efforts right now. If they think you may owe, they'll be relentless in pursuing this. Get a little professional help in your corner and with the right information, it will be resolved.

    Good luck.

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.