Fax Transmission
To the Attention of Mr. Marshall Lassiter
April 30, 1997
To: Mr. Marshall Lassiter
California State Franchise Tax Board
(818) 556-2905
(818) 556-2971
Subj.: Tax Levy, Craig Franklin, SS Number 554-68-xxxx
Demand for payment dated April 23, 1997 and due May 3, 1997
Dear Mr. Lassiter,
I am shocked. Let me take a moment to review the facts relating to my husband’s situation.
I informed you more than two months ago that Craig has been unable to file returns because of an emotional handicap that has existed his entire life. This handicap has resulted in his paying not less taxes than he lawfully owes but far more. The disability not only effects his ability to pay taxes but to accomplish many other seemingly ordinary, everyday, actions including the complete inability to deal with any and all authority figures. He does not become defiant; he is simply unable to respond. This has caused him to leave jobs that would have made him wealthy not once, but many times in the course of his career. He has been unable to do such routine things as open letters from his father. (There were 20 unopened letters in the boxes.)
Furthermore, you know from your own long term experience with this situation that Craig’s offense has been to not file. He has never avoided paying.
You promised me more than a month ago that as soon as the returns for all years owing were filed you would remove the lien on his pay. Instead, I received an additional demand for payment last Friday for $5,060.50 for the year 1994, which is one of the years cited in the lien. You further demand that this amount be paid by May 3rd, threatening further penalties, although you must know that it is impossible for us to pay this since you have been draining us with the lien that is still in place. That lien, citing non-payment of an amount of $21,612.07 on 3/15/97 takes 25% of Craigs earnings leaving us unable to even pay our mortgage.
I have told you that the stress of his inability to deal with this situation has had an extreme impact on Craig’s health, being a factor in his adult-onset diabetes. I further told you that both myself and his therapist believe that Craig, unable to cope with the continuing need to pretend that this was not happening, had given up on living because he was unable to otherwise resolve that unbearable conflicts his disability has fostered.
I have sent you evidence in the form of bills which we are unable to pay.
I have shown every evidence of good faith. I have done everything in my power to bring Craig into compliance, which is what the State of California states that it wants. I have told you that the therapist sugests that a conservatorship be set up for Craig since he has no confidence that Craig will ever be able to file himself. But, in less than three months all returns outstanding have been filed. This was a tremendous feat because Craig has never kept records, another aspect of his disability.
I cannot understand why the State of California did not arrest Craig for not filing years ago. If this had happened the situation would have become evident to those of us near Craig long since. Craig would have received the theraputic treatment he still so desperately needs long before now if that had happened. It seems that as long as the Franchise Tax Board was able to extract more money this way it was content to allow the situation to continue.
I am forced to wonder how many other individuals may be in similar situations, unable to file and bled monthly for their earnings in callous disregard for what emotional disabilities may be preventing them from filing.
It seems to me that good faith is necessary on both sides. We have demonstrated good faith. All returns cited in the original lien have been filed, hand carried into the office more than three weeks ago. Instead of dunning us for more money - that we don’t have and can’t get - you should stop the levy. Immediately. Craig has never shown any intention of evading his lawful obligation to pay taxes; he has been unable to pay because of an emotional disability that has existed since he was three years old. It is only because of his extreme intelligence that he has been able to function at all. I have offered to document Craig’s disability; I have filed all of the returns you asked for. Instead of keeping your promise to me you have made further demands for payments without even removing the past demands for the same year - or of informing me of what you were about to do. How can this be? Would the money you are taking from his paycheck apply to this new demand? Or is there no end to it until we are absolutely bankrupt - or dead? Last month I was forced to go to the hospital for an EKG because of blackouts and symptoms of a heart attack.
I have unpaid medical and dental bills for all of the family, therapy bills, overdue mortgage payments, unpaid property taxes, tuition payments, utility payments; And now you want more money - and will fine us if the demand is not paid by May 3rd (with penalties, let’s not forget the additional penalties.) And, you haven’t called me as agreed on last week - although you knew then that you were issuing a demand for even more money that we do not have.
I want the name of your supervisor in Sacramento and the name of the attorney you were going to consult.
Sincerely,
Melinda Franklin
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