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Recvd annual notice from FTB regarding 2002 taxes 11 yrs later. What do I do.

Corona, CA |

I recvd an annual notice from Franchise tax board regarding tax year 2002. The notice is the first notice I have ever received fromFTB. It says it is only for informational purposes only. It has me owing $ 2373.72. there are code letters . A. Submitting false Employees Withhold Allowance Certificate, D) Unmeritorious proceedings by a taxpayer, W.) Frivolous return penalty. What is this all about? Help! !

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Attorney answers 2


If you have the 2002 returns or access to them get the returns to a Tax attorney or CPA to review. Also bring the notice from the FTB.

I wonder if you do not know what this is about if you were married and that your spouse either had a 2002 tax issue or made an innocent or injured spouse claim. Did you or your spouse have a business in the early 2000s that you subsequently sold?

Since the notice says it is for informational purposes only this is the time to figure out what occurred.



I was married 1985. Left him in 1988... The court finally granted divorce in 1997. I haven't had any contact with him for many years. We didn't have a business. I shouldn't have anything to do with my ex spouse's dealings. Thank you for the information. I wont handle this on my own then . If FTB would of sent this ten years ago I could have paid it but know I am disabled and receiving my social security... and its gonna be difficult making payments. ...



My ex-spouse is at retiring age.


First question: did you, in fact, provide a withholding allowance certificate to your employer in 2002 that contained wrong information? Second, did you contest any taxes from 2002 before the FTB or any other government agency? Third, did you file a return for 2002 that was "frivolous" - i.e., contained false deductions, or you failed to report income, or you took a position that you weren't subject to tax for some reason?

If so, then you should definitely gather up whatever documents you have from 2002 and consult with a competent local tax attorney who has experience handling tax disputes with the FTB (not all tax attorneys do).

If you didn't do any of those things, then I would suggest looking at the notice to see if there is a telephone number you can call for additional information, and that you call the number to ask for an explanation about the notice.

Good luck.

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at

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