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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110579
Experience:  Attorney experienced in commercial litigation.
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My mother just received a letter from CA State Board of

Customer Question

My mother just received a letter from CA State Board of Equalization for taxes owed on cigarettes she bought online out of state between 2008-2010. $850.00!! Before I call them about this I wanted your opinion...
1. Is there no statue of limitations here?
2. Shouldn't they be charging me per the state tax rate on the year they were bought? not the current rate?
3. My mother is now 82 yrs old and very sick. She currently has pneumonia and was in the hospital for 2 weeks having suffered a mild heart attack. She has no money and very little social security income monthly which basically only covers her meds. I am her sole support and I pay for every aspect of her living except for her meds and medicare ins. She quite smoking 6 yrs ago when she had a mascectomy and honestly does not remember smoking. Her memory is pretty much gone. Is there some way we can ask for this to be dismissed based on her current health and financial situation? Maybe a doctor notice..?
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There is no statute of limitations on tax evasion or tax fraud in CA. The failure to pay taxes on cigarettes I am afraid is considered tax evasion. This is why they are still able to pursue it.
The tax that should be paid would be the rate at the time of the purchase and any penalties for failure to pay taxes.
I am afraid that there is no provision for the Director of the BOE to waive the taxes or interest due. The Director can waive any penalties for non-payment if any are added into that amount. I wish I could be more positive about this, but the State of CA is desperate for money and they pursue these bills aggressively I am afraid. You can send the Director of the BOE a letter explaining the situation and asking for a waiver of any penalty and adjustment of the tax to the proper tax rate for those years, but that is your sole recourse.

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