Prove I DON'T owe state taxes for state I didn't live in at the time?

#15 09-17-2004, 07:16 PM

StockCar AvengeR wrote:
- quote -

> Frederick Jorden wrote:
> > StockCar AvengeR wrote:

> > > When I moved to a new state (State N) from my old state
> > > (State O)in January, I of course used my new state (State N)
> > > address as my return address in my federal taxes.
> > > > > I got a notice from my new state (N) that on the basis of
> > > having the new state address listed as my current address on
> > > my previous year tax return, I should have to prove that I
> > > did not owe tax liability (of many thousands) in state N,
> > > despite the fact that I lived in state O, not in state N. I
> > > got the notice 2 days before the date declared as the date
> > > which I would be presumed to owe these taxes by default, and
> > > be billed accordingly.
> > > > > This really burns me up, I was lucky enough to get the
> > > proceedings matter handled quickly. But how can the state
> > > just presume, without one shred of proof, that I owe taxes,
> > > and threaten a summary judgement unless I prove I DON'T owe
> > > them, not to mention in such an unreasonably short period of
> > > notice. What if I had been on vacation that week?

> > Their legislature authorized such actions. Respond promptly.

> Where is the due process? They have not one shred of proof
> I lived in that state the previous year, only that I live
> there THIS year. I can't possibly see how a summary
> judgement, with 2 days notice is in any way fair.
> When did presumption of guilt, become the norm in America?
> Especially when there was again not one shred of proof that
> I lived in that state in the year in question.

You might be able to try that tack if you are willing to
spend thousands in legal bills to fight it. Some times the
best tack is to pay the ticket. But you have the legal right
to fight.

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247
EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

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#14 09-16-2004, 05:02 AM

David Woods, EA, ChFC, CLU wrote:
- quote -

> "StockCar AvengeR" <stockcar_avenger-nospam-[at]yahoo.com> wrote:

> > When I moved to a new state (State N) from my old state
> > (State O)in January, I of course used my new state (State N)
> > address as my return address in my federal taxes.
> > > I got a notice from my new state (N) that on the basis of
> > having the new state address listed as my current address on
> > my previous year tax return, I should have to prove that I
> > did not owe tax liability (of many thousands) in state N,
> > despite the fact that I lived in state O, not in state N. I
> > got the notice 2 days before the date declared as the date
> > which I would be presumed to owe these taxes by default, and
> > be billed accordingly.
> > > This really burns me up, I was lucky enough to get the
> > proceedings matter handled quickly. But how can the state
> > just presume, without one shred of proof, that I owe taxes,
> > and threaten a summary judgement unless I prove I DON'T owe
> > them, not to mention in such an unreasonably short period of
> > notice. What if I had been on vacation that week?

> Hey YOU put the address on the tax return. A reasonable
> person night think you did live there in the previous year.
> I find nothing odd or wrong about their request. You
> yourself state it was resolved quickly. Other than the
> inconvenience, I don't understand what the problem is.

The problem is that they only gave me 2 days to respond. It
was sent by a regular first class letter not by registered
mail or anything. So they don't even have a way to know if I
received this "notice". Two day turnaround time is NOT
reasonable, if I had been out of town for a week I would
suddenly be presumed guilty of something I did not do , and
presented with a bill.

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#13 09-16-2004, 05:02 AM

Frederick Jorden wrote:
- quote -

> StockCar AvengeR wrote:

> > When I moved to a new state (State N) from my old state
> > (State O)in January, I of course used my new state (State N)
> > address as my return address in my federal taxes.
> > > I got a notice from my new state (N) that on the basis of
> > having the new state address listed as my current address on
> > my previous year tax return, I should have to prove that I
> > did not owe tax liability (of many thousands) in state N,
> > despite the fact that I lived in state O, not in state N. I
> > got the notice 2 days before the date declared as the date
> > which I would be presumed to owe these taxes by default, and
> > be billed accordingly.
> > > This really burns me up, I was lucky enough to get the
> > proceedings matter handled quickly. But how can the state
> > just presume, without one shred of proof, that I owe taxes,
> > and threaten a summary judgement unless I prove I DON'T owe
> > them, not to mention in such an unreasonably short period of
> > notice. What if I had been on vacation that week?

> Their legislature authorized such actions. Respond promptly.

Where is the due process? They have not one shred of proof
I lived in that state the previous year, only that I live
there THIS year. I can't possibly see how a summary
judgement, with 2 days notice is in any way fair.

When did presumption of guilt, become the norm in America?
Especially when there was again not one shred of proof that
I lived in that state in the year in question.

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#12 09-16-2004, 04:43 AM

Arthur L. Rubin" <ronnirubin[at]sprintmail.com> wrote:
- quote -

> Scott wrote:

> > I really hate the way Maryland handles tax issues and I
> > can't wait to move out of there!

> What makes you think they'll stop billing you after you
> leave? Suppose you move to a state with no state income
> tax?

Then I'll have to prove I don't live in Maryland anymore. I
wouldn't be surprised if they did try to bill me in another
state.

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#11 09-13-2004, 09:19 PM

- quote -

> Unfortunately, it is not just a matter of letting the state
> "know" you did not reside in that state in the year(s) of
> question.

Read but snipped the rest.

Another reason I love PA. I just told them we moved here in
January and all was well. <G
Helen, EA in PA
50 miles, 3 days, 1 cause - Multiple Sclerosis Challenge Walk for the Cure
October 1 to October 3, 2004
Donate on-line at www.msandyou.org

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#10 09-13-2004, 08:22 PM

Scott wrote:

- quote -

> I really hate the way Maryland handles tax issues and I
> can't wait to move out of there!

What makes you think they'll stop billing you after you
leave? Suppose you move to a state with no state income
tax?

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#9 09-13-2004, 07:44 PM

Scott wrote:
- quote -

> heljangal[at]aol.comnojunk (Helen P. OPlanick EA) wrote:

> > > This really burns me up, I was lucky enough to get the
> > > proceedings matter handled quickly. But how can the state
> > > just presume, without one shred of proof, that I owe taxes,
> > > and threaten a summary judgement unless I prove I DON'T owe
> > > them, not to mention in such an unreasonably short period of
> > > notice. What if I had been on

> > LOTS SNIPPED.
> > > The IRS and states have a matching program. And this
> > happens each year. All you have to do is let the new state
> > know you did not reside there the entire year and all is
> > well.

> I wish it were that easy. Maryland asks for proof.
> Normally a copy of last filed return is enough, but in my
> case (1999) I had to get a letter from Virginia's tax people
> in Richmond. Due to the limited time the ygive you, I had
> to play phone tag half of a day to get someone who could
> help me, then get them to send something to Maryland. Then
> I had to check with Maryland to see that they got it.
> I really hate the way Maryland handles tax issues and I
> can't wait to move out of there!

Join the club!

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247
EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

#8 09-11-2004, 02:45 AM

StockCar AvengeR wrote:

- quote -

> When I moved to a new state (State N) from my old state
> (State O)in January, I of course used my new state (State N)
> address as my return address in my federal taxes.
> I got a notice from my new state (N) that on the basis of
> having the new state address listed as my current address on
> my previous year tax return, I should have to prove that I
> did not owe tax liability (of many thousands) in state N,
> despite the fact that I lived in state O, not in state N. I
> got the notice 2 days before the date declared as the date
> which I would be presumed to owe these taxes by default, and
> be billed accordingly.
> This really burns me up, I was lucky enough to get the
> proceedings matter handled quickly. But how can the state
> just presume, without one shred of proof, that I owe taxes,
> and threaten a summary judgement unless I prove I DON'T owe
> them, not to mention in such an unreasonably short period of
> notice. What if I had been on vacation that week?

Was one of those states California? They tend to presume alot.

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#7 09-11-2004, 02:26 AM

heljangal[at]aol.comnojunk (Helen P. OPlanick EA) wrote:

- quote -

> > This really burns me up, I was lucky enough to get the
> > proceedings matter handled quickly. But how can the state
> > just presume, without one shred of proof, that I owe taxes,
> > and threaten a summary judgement unless I prove I DON'T owe
> > them, not to mention in such an unreasonably short period of
> > notice. What if I had been on

> LOTS SNIPPED.
> The IRS and states have a matching program. And this
> happens each year. All you have to do is let the new state
> know you did not reside there the entire year and all is
> well.

I wish it were that easy. Maryland asks for proof.
Normally a copy of last filed return is enough, but in my
case (1999) I had to get a letter from Virginia's tax people
in Richmond. Due to the limited time the ygive you, I had
to play phone tag half of a day to get someone who could
help me, then get them to send something to Maryland. Then
I had to check with Maryland to see that they got it.

I really hate the way Maryland handles tax issues and I
can't wait to move out of there!

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#6 09-11-2004, 02:26 AM

StockCar AvengeR wrote:

- quote -

> When I moved to a new state (State N) from my old state
> (State O)in January, I of course used my new state (State N)
> address as my return address in my federal taxes.
> I got a notice from my new state (N) that on the basis of
> having the new state address listed as my current address on
> my previous year tax return, I should have to prove that I
> did not owe tax liability (of many thousands) in state N,
> despite the fact that I lived in state O, not in state N. I
> got the notice 2 days before the date declared as the date
> which I would be presumed to owe these taxes by default, and
> be billed accordingly.

That's odd. California, known as an aggressive state,
gives you 30 days from their mailing. 2 days seems
a bit short. Perhaps you would have had another 30
days to dispute the bill before it became "final"?

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#5 09-11-2004, 01:48 AM

Helen P. OPlanick EA wrote:

- quote -

> The IRS and states have a matching program. And this
> happens each year. All you have to do is let the new state
> know you did not reside there the entire year and all is
> well.

Unfortunately, it is not just a matter of letting the state
"know" you did not reside in that state in the year(s) of
question. I had this problem with the State of Connecticut.
They wanted evidence that I did not reside in CT. They
asked for a copy of my CA resident tax returns for the two
years in question. I suppose I could have just sent them
the copies requested. However, I considered it an invasion
of my privacy. I refused and informed the CT tax authorities
that they could obtain proof of my change in residency from
a variety of government offices such as the CT Dept. of
Motor Vehicles (registrations and driver license
applications), City of Stamford tax collector, city tax
assessor, local school district, etc., etc. I did enclose a
copy of my mover's bill with the letter. They acknowledged
receipt and dropped the matter.

I have to assume that other states would require more or less.

--
Alan
http://taxtopics.net

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#4 09-09-2004, 03:49 PM

- quote -

> This really burns me up, I was lucky enough to get the
> proceedings matter handled quickly. But how can the state
> just presume, without one shred of proof, that I owe taxes,
> and threaten a summary judgement unless I prove I DON'T owe
> them, not to mention in such an unreasonably short period of
> notice. What if I had been on

LOTS SNIPPED.

The IRS and states have a matching program. And this
happens each year. All you have to do is let the new state
know you did not reside there the entire year and all is
well.

Helen, EA in PA
50 miles, 3 days, 1 cause - Multiple Sclerosis Challenge Walk for the Cure
October 1 to October 3, 2004
Donate on-line at www.msandyou.org

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

#3 09-09-2004, 03:30 PM

"StockCar AvengeR" <stockcar_avenger-nospam-[at]yahoo.comwrote:

- quote -

> When I moved to a new state (State N) from my old state
> (State O)in January, I of course used my new state (State N)
> address as my return address in my federal taxes.
> I got a notice from my new state (N) that on the basis of
> having the new state address listed as my current address on
> my previous year tax return, I should have to prove that I
> did not owe tax liability (of many thousands) in state N,
> despite the fact that I lived in state O, not in state N. I
> got the notice 2 days before the date declared as the date
> which I would be presumed to owe these taxes by default, and
> be billed accordingly.
> This really burns me up, I was lucky enough to get the
> proceedings matter handled quickly. But how can the state
> just presume, without one shred of proof, that I owe taxes,
> and threaten a summary judgement unless I prove I DON'T owe
> them, not to mention in such an unreasonably short period of
> notice. What if I had been on vacation that week?

Hey YOU put the address on the tax return. A reasonable
person night think you did live there in the previous year.
I find nothing odd or wrong about their request. You
yourself state it was resolved quickly. Other than the
inconvenience, I don't understand what the problem is.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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#2 09-09-2004, 03:30 PM

StockCar AvengeR <stockcar_avenger-nospam-[at]yahoo.com> wrote:

- quote -

> When I moved to a new state (State N) from my old state
> (State O)in January, I of course used my new state (State N)
> address as my return address in my federal taxes.
> I got a notice from my new state (N) that on the basis of
> having the new state address listed as my current address on
> my previous year tax return, I should have to prove that I
> did not owe tax liability (of many thousands) in state N,
> despite the fact that I lived in state O, not in state N. I
> got the notice 2 days before the date declared as the date
> which I would be presumed to owe these taxes by default, and
> be billed accordingly.
> This really burns me up, I was lucky enough to get the
> proceedings matter handled quickly. But how can the state
> just presume, without one shred of proof, that I owe taxes,
> and threaten a summary judgement unless I prove I DON'T owe
> them, not to mention in such an unreasonably short period of
> notice. What if I had been on vacation that week?

Nothing new. Been going on for more than 20 years. IRS
exchanges information to the states and they look for
non-filers. Of course the IRS has your most recent address.
I got a letter from Maryland in 1981 concerning my 1980
return because I had move to MD in Jan 81 and had filed a VA
1980 return.

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#1 09-09-2004, 02:52 PM

Many states do the presumption. California does. Friend
who used our office as a local mailing address (he lived in
England) got a bill from California because he had an
annuity license and was presumed to earn $ X (the average
income of a California annuity salesman).

A presumption can be disputed and disproved.

Nan, EA in LA

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09-09-2004, 02:52 PM

StockCar AvengeR wrote:

- quote -

> When I moved to a new state (State N) from my old state
> (State O)in January, I of course used my new state (State N)
> address as my return address in my federal taxes.
> I got a notice from my new state (N) that on the basis of
> having the new state address listed as my current address on
> my previous year tax return, I should have to prove that I
> did not owe tax liability (of many thousands) in state N,
> despite the fact that I lived in state O, not in state N. I
> got the notice 2 days before the date declared as the date
> which I would be presumed to owe these taxes by default, and
> be billed accordingly.
> This really burns me up, I was lucky enough to get the
> proceedings matter handled quickly. But how can the state
> just presume, without one shred of proof, that I owe taxes,
> and threaten a summary judgement unless I prove I DON'T owe
> them, not to mention in such an unreasonably short period of
> notice. What if I had been on vacation that week?

Their legislature authorized such actions. Respond promptly.

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247
EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

#-1 09-08-2004, 06:26 PM

When I moved to a new state (State N) from my old state
(State O)in January, I of course used my new state (State N)
address as my return address in my federal taxes.

I got a notice from my new state (N) that on the basis of
having the new state address listed as my current address on
my previous year tax return, I should have to prove that I
did not owe tax liability (of many thousands) in state N,
despite the fact that I lived in state O, not in state N. I
got the notice 2 days before the date declared as the date
which I would be presumed to owe these taxes by default, and
be billed accordingly.

This really burns me up, I was lucky enough to get the
proceedings matter handled quickly. But how can the state
just presume, without one shred of proof, that I owe taxes,
and threaten a summary judgement unless I prove I DON'T owe
them, not to mention in such an unreasonably short period of
notice. What if I had been on vacation that week?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

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