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  1. #11
    Join Date
    Oct 2016
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    2,205

    Default Re: Can Forged Signature on Certified Mail Be Used to Void Statute of Limitations

    One question just to confirm. You did file your 2012 state tax return in 2013?

  2. #12
    Join Date
    Jan 2006
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    37,724

    Default Re: Can Forged Signature on Certified Mail Be Used to Void Statute of Limitations

    Quote Quoting bag lady to be
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    Taxing Matters and IIworking, thank you for your help and information. The 3 year limit looked like the quickest and simplest way to stop the collection agency harassment but from what you say this is not likely. As for the rest of it:

    1. No, I do not owe any tax; all income and property taxes were paid through 2012 when I left the state. Income taxes were with-held by my employer and there was a refund. I did not live, work, or do business in any way in Ohio in 2013.

    2. I have not worked since the ending of that position in fall of 2012; there are no wages in any state after that date. And, no, I'm not a landlord collecting rents, or a self employed business owner, or collecting alimony, or worker's compensation, or anything else I can think of that might reach the threshold of taxable income. I do still pay to have a tax return filed every year even though I haven't owed anything since 2012.

    3. Yes I can prove that I lived in another state in 2013--property tax receipts, car titled in new state, paid utility bills and as much more as needed.

    4. Yes I left a forwarding address, which expired one year later, and I don't see anywhere that I "implied" that I didn't.

    5. I asked the Ohio atty gen rep for copies of all the documentation showing why they think I owe them money and have not gotten anything from them, with no date given as to when I might expect to, and actually no promise that I would get any documentation at all. I did followup with a letter, and the accountant who does my taxes has also started making inquiries in writing. From what Tax Matters said, I am wondering if the state will refuse to give me any documentation and claim that it's too late for me to object. . .

    6. Ohio atty gen rep vehemently stated that I had been notified, that the letter had been sent to my former home (the one that was sold at auction), that they could prove this by my signature on the receipt, and that I had not responded. This is apparently important to them, so it has to be important to me. If I don't have a 3 year limit to their pursuit of their claim, then the signature issue has become vital, as otherwise, again from what Tax Matters discussed, I wouldn't be allowed to show documentation on why I could not owe them taxes.

    7. I do not ever do my own taxes; I pay a certified public accountant/enrolled agent to to this because I don't think I know enough to be sure of not making any mistakes. This accountant said at the time and says now that I do not owe any taxes. I pay an expert to "file the proper and necessary tax returns". Not being a tax expert myself, I "know" only what this expert tells me.

    8. Once before, I moved out of Ohio for several years; although that time I did eventually move back. Ohio claimed that I owed taxes for the time I did not live or work or earn in Ohio, and they stated that this claim was based on the taxes I had paid them in previous years. They were not pleasant about it then either, I did not owe the tax, and eventually it did get resolved without me paying any money, but it took a long and stressful time. This looks to me like the same thing over again. To repeat, this 3 year limit looked like the quickest and by far easiest way to stop the collection harassment.

    Mr. JK Senior Member, plainly my question on your forum offended you. My apologies for "railing", "implying", and "going on and on". You might try "judge not lest you be judged", and treating others the way you would like to be treated. I promise not to darken your virtual door again; "life is too short to let negative people bring you down; just avoid them".
    What offended me is if you are positive thee could be no taxes owed, rather than concerning yourself with issues such as proper service and whether somebody forged your name, you should be attacking the issue of you just donít owe any money to them.

    In other words: why waste time on an irrelevent matter when you need to simply deal with the claim itself. You were told that the info would be several weeks out. Wait for that and then deal with that. Until that time donít waste your time trying to prove issues that donít matter once you prove you donít owe anything


    as to the three year thing as an attempt to stop the collection harassment. Based on that I suspect you donít deal with collectors very often. Thatís a good thing.

    Collectors are not bound by your claim the sol has expired. While it is true they are not supposed to collect on debts that are beyond the sol. The fact is, only a court can actually bless your claim and call it valid. Collectors are notorious for continuing collection efforts when they know better and even then, they may simply sell the paper to another collection agency and it starts all over.


    Maybe i was a bit overly skeptical of your claims. If so, I apologize. Itís hard to not read your statement that there could be a debt owed and you are trying to escape it rather than, plain and simple, there really could be no debt owed

  3. #13
    Join Date
    Oct 2014
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    6,777

    Default Re: Can Forged Signature on Certified Mail Be Used to Void Statute of Limitations

    Quote Quoting jk
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    Then, does moving out of state along with failing to provide a forwarding address itself, or even with providing a forwarding address, toll the pertinent statute of limitations. Often times leaving the state does in fact do so.
    The law of many states certainly provides that the SOL is tolled or extended for criminal prosecution when the suspect flees the state; and that rule is sometimes applied to the SOL for civil litigation, too. You do not see it much in statutes of limitation for assessment of tax, and indeed there is no provision in the Ohio statutes that extends the SOL for assessment of income tax if the taxpayer leaves the state. The SOL issue plays out just as I described earlier.

  4. #14
    Join Date
    Jan 2006
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    Default Re: Can Forged Signature on Certified Mail Be Used to Void Statute of Limitations

    Quote Quoting Taxing Matters
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    The law of many states certainly provides that the SOL is tolled or extended for criminal prosecution when the suspect flees the state; and that rule is sometimes applied to the SOL for civil litigation, too. You do not see it much in statutes of limitation for assessment of tax, and indeed there is no provision in the Ohio statutes that extends the SOL for assessment of income tax if the taxpayer leaves the state. The SOL issue plays out just as I described earlier.
    Thanks tm but it appears tolling should not be an issue as op states there simply are no taxes owed. He apparently was simply trying to shut down the collector.

  5. #15
    Join Date
    Oct 2014
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    6,777

    Default Re: Can Forged Signature on Certified Mail Be Used to Void Statute of Limitations

    Quote Quoting jk
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    In other words: why waste time on an irrelevent matter when you need to simply deal with the claim itself. You were told that the info would be several weeks out. Wait for that and then deal with that. Until that time donít waste your time trying to prove issues that donít matter once you prove you donít owe anything
    No. I wouldn't wait for "several weeks" to deal with this. Ohio law sets 60 days after the certified notice to file any protest of the assessment. If there is still time on that 60 days or if the certified notice was not effective because of sending it to the wrong such that the time may be extended until the taxpayer does get notice of the issue (and the Ohio case law does not squarely address that) then it may be important for the OP to raise the protest to the assessment ASAP. The OP knows what his/her liability was for the year ó apparently zero because the OP had moved. It's not hard to guess what the state did: it took the information it gets with matching records with the IRS and because the state still thought the OP was a resident of the state for 2013 the state prepared the assessment from the IRS information. In any event, I'd get the protest to together and get it in now. Contacting the Ohio Department of Taxation Problem Resolution Office (PRO) might be a good way to get that protest promptly dealt with and the assessment corrected.

  6. #16
    Join Date
    Jan 2006
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    37,724

    Default Re: Can Forged Signature on Certified Mail Be Used to Void Statute of Limitations

    Quote Quoting Taxing Matters
    View Post
    No. I wouldn't wait for "several weeks" to deal with this. Ohio law sets 60 days after the certified notice to file any protest of the assessment. If there is still time on that 60 days or if the certified notice was not effective because of sending it to the wrong such that the time may be extended until the taxpayer does get notice of the issue (and the Ohio case law does not squarely address that) then it may be important for the OP to raise the protest to the assessment ASAP. The OP knows what his/her liability was for the year — apparently zero because the OP had moved. It's not hard to guess what the state did: it took the information it gets with matching records with the IRS and because the state still thought the OP was a resident of the state for 2013 the state prepared the assessment from the IRS information. In any event, I'd get the protest to together and get it in now. Contacting the Ohio Department of Taxation Problem Resolution Office (PRO) might be a good way to get that protest promptly dealt with and the assessment corrected.
    He is waiting for the documentation. It is apparent the assessment is several years old. The only thing received recently is a collection letter, no mention of it being certified. I don’t see how the recent contact would serve as official notice and start some period of time to act.


    But but I’ll defer to your advice especially given your credentials.

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