Stuart A. Bronstein wrote:
- quote -

The cashed check and the certified mail receipt is all the
taxpayer needs. I still am confused as to why there is a
problem.

--
Alan
http://taxtopics.net

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

glendale202-mtm2[at]yahoo.com (A.G. Kalman) wrote:

- quote -

The endorsement won't have a date, the deposit will have a
date. If it sat around for two months before they deposited
it, there won't be any evidence on the check to show it
arrived earlier unless they date-stamped it as received when
it first came in.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << It may not be relied upon for the purpose of avoiding > << penalties that may be imposed on the taxpayer or the > << tax preparer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

arindamchaks[at]yahoo.com wrote:

- quote -

I am confused by your first sentence in the second paragraph
where you state that the check was cashed. If the check was
cashed you should be able to get a copy of the endorsement
on the back of the canceled check that shows you paid your
tax bill on time. What is the issue?

--
Alan
http://taxtopics.net

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << It may not be relied upon for the purpose of avoiding > << penalties that may be imposed on the taxpayer or the > << tax preparer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

arindamchaks[at]yahoo.com wrote:

- quote -

I am confused by your first sentence in the second paragraph
where you state that the check was cashed. If the check was
cashed you should be able to get a copy of the endorsement
on the back of the canceled check that shows you paid your
tax bill on time. What is the issue?

--
Alan
http://taxtopics.net

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << It may not be relied upon for the purpose of avoiding > << penalties that may be imposed on the taxpayer or the > << tax preparer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

This happened to one of my clients this year. They never did
find his check. The FTB attitude seems to be: If we didn't
cash it, you didn't pay it. I am going to recommend direct
debit for payments as well as direct deposit of refunds in
my client newsletter next year. And I thought their losing
W-2s was bad......

Linda Dorfmont E.A., CFP, CSA

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << It may not be relied upon for the purpose of avoiding > << penalties that may be imposed on the taxpayer or the > << tax preparer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

I mailed my 2004 CA tax return with an enclosed check to the
California Franchise Tax Board by USPS Certified Mail in the
first week of March 2005. It was received two days later (I
tracked it online). I still have the receipt with tracking
number.

The check was not cashed till May 2005. FTB website asks for
8 weeks to process returns. I called FTB after 8 weeks were
over, and was advised to wait (even when the online FTB
website was showing my account as unpaid and having
penalties and interest imposed), because they were behind
schedule. The CSR asked me to ignore what the website said.
He said those penalties will vanish when my envelope is
finally processed.

I received a "Notice of State Income Tax Due" in the last
week of May 2005. I called a CSR and was told that my check
had not been noticed by FTB personnel. They initiated a
search. I immediately paid the then-current net amount due
on the FTB website to stop interest from piling up. Now it
shows a zero balance.

Three weeks passed; I called them again and they told me
that no check was found.

The CSR today suggested I can send a written request to
refund penalties. She said FTB "may have lost the check",
but is not making any verbal, leave alone written admission
that the mistake was theirs. FTB is basically asking me to
let go and move on.

The penalty + interest amount is small (<$50). I'm not very
interested in trying to recover that. Nor am I interested in
fighting this on principle; I understand the FTB guys
process millions of tax returns and I know they do not make
mistakes often, and hence I am very willing to forgive their
honest mistake.

I am only concerned about my reputation, and what impact
this episode (that FTB's records show me as having been
charged penalties for late payment of income tax) may have
on me in the future.

My questions:
1) Will this late payment come back to harm me in any way in
the future? [I'm not an US citizen but LOVE this country and
society so far. Say if I apply for US citizenship someday,
might the INS/BCIS/US Government take this FTB tax late
payment as a sign of criminal or irresponsible behavior on
my part ?]

2) How should one proceed with the request to refund
penalties? What proof can I present that the check was
enclosed? What should I send? Is it worth the trouble of
even trying?

3) If I gave FTB a written document giving up all rights to
ever contest the late payment penalty or interest, will they
be willing to admit what they now say verbally, in writing ?
Can I get a document from them that officially states that
"there is no evidence that I did not pay my 2004 CA state
taxes on time". [Or better, that "FTB believes I paid my tax
on time, and the fact that I was charged penalties does not
indicate in any way that I did anything wrong."] I am not
asking them to admit their mistake, I understand they do a
hard job, I am just asking them to certify my good conduct.

Thanks a lot in advance for your help !

AS

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << It may not be relied upon for the purpose of avoiding > << penalties that may be imposed on the taxpayer or the > << tax preparer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >