Is it legal for CA Franchise Tax Board to look into LLC Officer's personal bank returns w/o authorization& start calling spouse?

Asked 3 months ago - Los Angeles, CA

Flag

I was a member of an LLC, which was dissolved in last year. My business partner left the country, he is no longer in the US and Franchise Tax Board is trying to collect the entire amount owed to them on me. I am trying to negotiate. While negotiations are pending, they started to call my spouse. My spouse is not a member/employee/agent, etc. of the LLC and is not affiliated with it in any manner. We were not even married at the time the LLC was founded so the Tax Board could only know his info, if they looked up my personal account, I did not authorize. Is it a legal collection effort? What are my remedies? Thank you.

Attorney answers (2)

  1. Licensed in CA

    Santa Cruz Real Estate Attorney
    Contributor Level 16

    5

    Lawyers agree

    Answered February 07, 2013 14:33. The Franchise Tax Board, when enforcing a taxpayer's liability, has the authority to demand information from any third person. It is supposed to give notice to the taxpayer before doing so unless that notice would jeopardize a criminal investigation.

  2. Licensed in CA

    Los Angeles Tax Lawyer
    Contributor Level 16

    1

    Lawyer agrees

    Answered February 14, 2013 12:56. Your remedy is to pay the amount due. The California FTB can take appropriate steps to try to collect the tax, and looking into the facts is certainly an appropriate step.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,003 answers this week

2,584 professionals answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

Ask a Lawyer

25,003 answers this week

2,584 professionals answering

Spinner

Find Tax Lawyers

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary