James Sharmat, Erin Prado, and James Alderete were like David against goliath, and they did what no other firm, attorney, clinic, tax advocate, or elected official's representative could do. Let me share this amazing story.
My business closed in 2009 after I left for active duty in the US Army. In 2010, I filed for bankruptcy and listed the BOE as a creditor, and was properly discharged. In 2010, I noticed BOE of my business closure giving them 90 days to determine whether or not personal liability would be assessed. BOE strategically waited until after the discharge, and the last day before the statute of limitations would expire and assigned the entire liability to me.
The BOE investigator who made this decision never spoke to me, never reached out to me, and never took my statement. Why? Because I was deployed to Afghanistan fighting on a mountainside taking care of 42 Soldiers under my command. I get back in 2011, and learn of this assignment while dealing with a broken back, two blown out knees, and ruptured arches in both feet.
I contact the Tax Advocate's office who advises me that they will look into it. Months later they come back and say that the investigator improperly handled the case, and the amounts were being adjusted. I questioned whether that was lawful in light of the fact the statute of limitations had expired. They stated that since the assessment was made, they can "adjust the numbers" as they see accurate. Strange.
I contact a Sacramento based tax attorney who focuses on BOE cases. He says there is no point in fighting because you always lose. He says we should just do an offer in compromise. I start the process, but have to stop it because I deployed again.
I get back in 2013, and the BOE has gone away. I thought the attorney made it go away. In 2015, I get a call from David Jimenez a collections person with the BOE trying to collect. I tell him that I am 100% disabled, being separated from the military, and that I have nothing to give, that I have no "income" or assets, and to please stop bothering me. I advise him I question the legitimacy of the debt from day one, and the legality of the statute of limitations. He goes away for another year.
In 2016, he calls again. This time he says they are writing it off. I provide proof of disability, and think the BOE is being disabled veteran friendly and doing the "right thing". I was wrong. David Jimenez began the write off process and immediately filed a lien against me personally. This lien reported on my credit report, and prevented me from using my VA benefits to buy a home. David admitted he knew they couldn't collect because I was not a California resident, owned no property in California, and I had no "income" they could levy. Yet, he placed the lien "as a matter of policy" and "just in case" they can collect later. This was a 30 year sentence in debtor's prison.
I called that Sacramento Attorney who charged me about $3,500 dollars to do an offer in compromise that is rejected (professional liability, maybe). The attorney says he cannot zealously advocate for me without jeopardizing his relationship with the BOE and its impact with his other clients trying to get an officer in compromise. I call the tax payers advocacy office who says I have a strong argument, but they won't challenge the BOE. I call the elected official in Sacramento and ask for help, and they say it is complicated and they can't cross the BOE. All of the legal clinics at the law schools in CA are funded and staffed with BOE attorneys and won't help me.
I google tax lawyers and find LEADING TAX GROUP. They stepped up. They took my case. I paid them a reasonable fee, and in less than 1 year they did what nobody else could. The new organization that took over for the BOE, has written off the debt, issued a notice of withdrawal of lien, and the lien is off of my credit. I have bought a home, and am in the process of finishing law school and applying to take the bar in the state where I live, so I can give back as they did for me.
They called/messaged each week with status updates. They were vigilant, kind, professional, and very honest with me. They did what nobody else would or could for a disabled veteran, and gave me my life back. They got me free from a 30 year debtor's prison.
Don't go anywhere else. Don't call any clinics, advocates, or small attorney shops. Call these guys. I'm sure all the attorney's are fantastic, but if you get James, James, and Erin you are sure to hit a home run.
To all my Vet brother's and sisters. Call them. They are veteran friendly, they understand us, and they will fight the good fight for you just like they did for me.
Thanks everyone at Leading Tax Group. My family and I are very grateful. read more