- 3 - In 1997, petitioner filed a complaint in the Los Angeles County Superior Court against the FTB. Petitioner alleged that the FTB violated the California Information Practices Act of 1977, Cal. Civ. Code secs. 1798.1, et seq. This Act provides a legal remedy, including the award of damages for mental suffering and emotional distress, to an individual harmed by a violation. Petitioner’s lawsuit was tried before a jury, and in April 2001, the jury awarded petitioner $250,000 in damages for emotional distress. Petitioner was also awarded costs of $4,165.68 and attorney’s fees of $78,450. On July 20, 2001, the FTB issued a check to petitioner in the amount of $337,122.53, which included the $332,615.68 reflected in the judgment as well as $4,506.85 of postjudgment interest. In addition to the proceeds from the lawsuit, petitioner received payments for Social Security benefits in 2001 totaling $7,128. Petitioner did not file any Federal income tax return for 2001, nor has he filed a return for any of the taxable years 1986 through 2003. For some of these years, respondent prepared substitutes for returns and sought to collect the determined tax liabilities from petitioner. Petitioner testified that he had reviewed the Internal Revenue Code for many years and could find nothing that made him liable for Federal taxes or required him to file a return. Petitioner further testified that he did not believe that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007