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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15309
Experience:  15years with H & R Block. Divisional leader, Instructor
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Hi I received a notice of proposed assessment from California

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Hi I received a notice of proposed assessment from California Franchise Board. This for year 2009 and my returns was filed as joint with my spouse. Current I'm divorced from the said spouse. Also I didnt have any income in California for year 2009 and my status while filing return was H4. Should I be paying the money to CA even though I did not earn an income in CA for 2009

Robin D : Hello and thank you for using Just Answer,When a couple files a joint return they both are responsible for the information on the return.
Robin D : If you filed a joint return with your spouse for that year, you both were sent the same notice.
Customer: So should I file a disagree notice or allow the spouse to take care of it
Robin D : You would want to contact your ex spouse and see what they are going to do about the assessment
Customer: I'm not in touch with the spouse anymore so I will not be able to know if any action was taken
Robin D : Then contact the state and see about filing a seperation of liability
Customer: should i contact franchise or IRS
Robin D : You said the state sent it was it from the IRS or the state
Customer: from state
Robin D : Then it is the state that needs to be contacted
Robin D : there should be a phone number on the notice
Customer: ok
Customer: i should ask for separation of liability
Robin D : Even if you did not have earings you filed a joint return which will be difficult to separate yourself from. Did your ex have a business?
Robin D : earnings*
Customer: no
Customer: he was employed
Robin D : Look over this page then before you call
Robin D :
Customer: with a company in san diego
Robin D : It explains what CA will accept
Robin D : I sincerely XXXXX XXXXX is helpful and you may want to think about speaking with a tax adviser that is local.
Robin D : Your positive rating is always thanks enough.
Customer: Hi I checked with the board they said I cannot file a separation of liability
Robin D : Why?
Customer: i need to work IRS first to get the clarification made
Robin D : One sec please
Customer: according to them since i filed as joint i'm liable to this additional payment as much as my spouse
Customer: they gave the IRS number to get further clarification
Robin D : You can get relief from CA if teh IRS ios also questioning an dthen the IRS grants it but
Robin D : you can also apply for CA relief by filing form FTB 705
Customer: I havent received anything from IRS
Robin D : Exactky
Customer: ok
Robin D : Exactly
Robin D : The IRS is not going to grant you relief from something they are not assessing
Customer: correct
Robin D : You need to seek relief from CA
Customer: the person at CA said this assessement was sent or initiated by IRS
Robin D : that is what the FTB 705 is fopr
Customer: ok
Robin D : Does it say IRS at the top of your notice or CA FTB
Customer: it says CA FTB
Customer: but details mention IRS income adjusted
Robin D : Then the IRS did not send it
Robin D : Maybe you would feel better if you first called the IRS
Robin D : 800-829-1040
Customer: details mentioned that IRS code section 6103(d)
Customer: ok I will follow by filing ftb 705
Robin D : You may, as I said want to get a tax professional locally to assist you
Customer: oh..
Robin D : You can always come back here even after you rate
Customer: ok. I will contact a tax professional here
Robin D : That is good
Robin D : You may need someone to deal with the state for you
Customer: should I look for tax professional or attorney
Customer: I'm new to this and do not have information on this
Robin D : Tax professional at this point
Customer: ok thanks
Robin D : Your positive rating is always thanks enough.
Customer: thank you for the help
Robin D. and 2 other Tax Specialists are ready to help you