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

Los Angeles, CA |

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.

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Attorney answers 2


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.


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.