38701-38800

REVENUE AND TAXATION CODE
SECTION 38701-38800




38701.  The board shall enforce the provisions of this part and may
prescribe, adopt, and enforce rules and regulations relating to the
application, administration and enforcement of this part. The board
may prescribe the extent to which any ruling or regulation shall be
applied without retroactive effect.


38702.  The board may employ accountants, auditors, appraisers,
investigators, assistants, and clerks necessary for the efficient
administration of this part and may designate representatives to
conduct hearings, prescribe regulations, or perform any other duties
imposed by this part or other laws of this state upon the board.




38703.  Every timber owner shall keep such records, receipts,
invoices, and other pertinent papers in such form as the board may
require by rules or regulations.



38704.  The board or any person authorized in writing by it may
examine the books, papers, records, and timber of any timber owner or
timber operator as defined in Section 4526.5 of the Public Resources
Code and may investigate the character of the business of the person
in order to verify the accuracy of any return made, or, if no return
is made by the person, to ascertain and determine the amount
required to be paid.



38705.  Except as provided in Sections 38402 and 38706, it is
unlawful for the board or any person having an administrative duty
under this part to make known in any manner whatever the business
affairs, operations, or any other information pertaining to any
timber owner or any other person required to report to the board or
pay a tax pursuant to this part, or the amount or source of income,
profits, losses, expenditures, or any particular thereof, set forth
or disclosed in any return, or to permit any return or copy thereof
or any book containing any abstract or particulars thereof to be seen
or examined by any person. However, the Governor may, by general or
special order, authorize examination by other state officers, by tax
officers of another state, by the federal government, if a reciprocal
arrangement exists, or by any other person of the records maintained
by the board under this part. The information so obtained pursuant
to the order of the Governor shall not be made public except to the
extent and in the manner that the order may authorize that it be made
public.


38706.  Upon written request of the assessor of any county
containing timber, the board shall permit the assessor, or any duly
authorized deputy or employee of such assessor, to examine any
records pertaining to the county of such assessor which are
maintained by the board under this part. It is unlawful for the
assessor or any other person examining records pursuant to this
section to make known in any manner whatever the business affairs,
operations or any other information pertaining to any timber owner or
any other person required to report to the board or pay a tax
pursuant to this part, or the amount or source of income, profits,
loans, expenditures, or any particular thereof, set forth or
disclosed in any return, except that any appraisal data, including
"market data" as defined in Section 408, may be disclosed to any
other assessor. Any assessor who unlawfully discloses information of
any timber owner or any other person required to report to the board
or pay a tax pursuant to this part shall forfeit one thousand dollars
($1,000) to the county, to be recovered on his official bond in an
action brought in the name of the people by the Attorney General,
when directed to do so by the board.



38707.  (a) Except as otherwise provided by law, any person who is
engaged in the business of preparing, or providing services in
connection with the preparation of, returns under Chapter 5 of this
part, or any person who for compensation prepares any such return for
any other person, and who knowingly or recklessly does either of the
following, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not more than one thousand dollars ($1,000)
or imprisoned no more than one year, or both, together with the costs
of prosecution:
   (1) Discloses any information furnished to him or her for, or in
connection with, the preparation of the return.
   (2) Uses that information for any purpose other than to prepare,
or assist in preparing, the return.
   (b) Subdivision (a) shall not apply to disclosure of information
if that disclosure is made pursuant to the person's consent or
pursuant to a subpoena, court order, or other compulsory legal
process.



38708.  (a) Every taxpayer is entitled to be reimbursed for any
reasonable fees and expenses related to a hearing before the board if
all of the following conditions are met:
   (1) The taxpayer files a claim for the fee and expenses with the
board within one year of the date the decision of the board becomes
final.
   (2) The board, in its sole discretion, finds that the action taken
by the board staff was unreasonable.
   (3) The board decides that the taxpayer be awarded a specific
amount of fees and expenses related to the hearing, in an amount
determined by the board in its sole discretion.
   (b) To determine whether the board staff has been unreasonable,
the board shall consider whether the board staff has established that
its position was substantially justified.
   (c) The amount of reimbursed fees and expenses shall be limited to
the following:
   (1) Fees and expenses incurred after the date of the notice of
determination, jeopardy determination, or denial of a claim for
refund.
   (2) If the board finds that the staff was unreasonable with
respect to certain issues but reasonable with respect to other
issues, the amount of reimbursed fees and expenses shall be limited
to those which relate to the issues where the staff was unreasonable.
   (d) Any proposed award by the board pursuant to this section shall
be available as a public record for at least 10 days prior to the
effective date of the award.
   (e) This section shall be operative for claims filed on or after
January 1, 2001.


38800.  (a) (1) Beginning on January 1, 2007, the executive director
and chief counsel of the board, or their delegates, may compromise
any final tax liability where the reduction of tax is seven thousand
five hundred dollars ($7,500) or less.
   (2) Except as provided in paragraph (3), the board, upon
recommendation by its executive director and chief counsel, jointly,
may compromise a final tax liability involving a reduction in tax in
excess of seven thousand five hundred dollars ($7,500). Any
recommendation for approval of an offer in compromise that is not
either approved or disapproved within 45 days of the submission of
the recommendation shall be deemed approved.
   (3) The board, itself, may by resolution delegate to the executive
director and the chief counsel, jointly, the authority to compromise
a final tax liability in which the reduction of tax is in excess of
seven thousand five hundred dollars ($7,500), but less than ten
thousand dollars ($10,000).
   (b) For purposes of this section, "a final tax liability" means
any final tax liability arising under Part 18.5 (commencing with
Section 38101), or related interest, additions to tax, penalties, or
other amounts assessed under this part.
   (c) Offers in compromise shall be considered only for liabilities
that were generated from persons who no longer harvest timber, or
property owners that no longer harvest their property, except where
the taxpayer making the offer has their primary residence located on
the property that generated the timber tax liability.
   (d) Offers in compromise shall not be considered where the
taxpayer has been convicted of felony tax evasion under this part
during the liability period.
   (e) For amounts to be compromised under this section, the
following conditions shall exist:
   (1) The taxpayer shall establish that:
   (A) The amount offered in payment is the most that can be expected
to be paid or collected from the taxpayer's present assets or
income.
   (B) The taxpayer does not have reasonable prospects of acquiring
increased income or assets that would enable the taxpayer to satisfy
a greater amount of the liability than the amount offered, within a
reasonable period of time.
   (2) The board shall have determined that acceptance of the
compromise is in the best interest of the state.
   (f) A determination by the board that it would not be in the best
interest of the state to accept an offer in compromise in
satisfaction of a final tax liability shall not be subject to
administrative appeal or judicial review.
   (g) (1) Offers for liabilities with a fraud or evasion penalty
shall require a minimum offer of the unpaid tax and fraud or evasion
penalty.
   (2) The minimum offer may be waived if it can be shown that the
taxpayer making the offer was not the person responsible for
perpetrating the fraud or evasion. This authorization to waive only
applies to partnership accounts where the intent to commit fraud or
evasion can be clearly attributed to a partner of the taxpayer.
   (h) When an offer in compromise is either accepted or rejected, or
the terms and conditions of a compromise agreement are fulfilled,
the board shall notify the taxpayer in writing. In the event an offer
is rejected, the amount posted will either be applied to the
liability or refunded, at the discretion of the taxpayer.
   (i) When more than one taxpayer is liable for the debt, such as
with spouses or partnerships or other business combinations,
including, but not limited to, taxpayers who are liable through dual
determination or successor's liability, the acceptance of an offer in
compromise from one liable taxpayer shall reduce the amount of the
liability of the other taxpayers by the amount of the accepted offer.
   (j) Whenever a compromise of tax or penalties or total tax and
penalties in excess of five hundred dollars ($500) is approved, there
shall be placed on file for at least one year in the office of the
executive director of the board a public record with respect to that
compromise. The public record shall include all of the following
information:
   (1) The name of the taxpayer.
   (2) The amount of unpaid tax and related penalties, additions to
tax, interest, or other amounts involved.
   (3) The amount offered.
   (4) A summary of the reason why the compromise is in the best
interest of the state.
   The public record shall not include any information that relates
to any trade secrets, patent, process, style of work, apparatus,
business secret, or organizational structure, that if disclosed,
would adversely affect the taxpayer or violate the confidentiality
provisions of Section 38705. No list shall be prepared and no
releases distributed by the board in connection with these
statements.
   (k) Any compromise made under this section may be rescinded, all
compromised liabilities may be reestablished, without regard to any
statute of limitations that otherwise may be applicable, and no
portion of the amount offered in compromise refunded, if either of
the following occurs:
   (1) The board determines that any person did any of the following
acts regarding the making of the offer:
   (A) Concealed from the board any property belonging to the estate
of any taxpayer or other person liable for the tax.
   (B) Received, withheld, destroyed, mutilated, or falsified any
book, document, or record or made any false statement, relating to
the estate or financial condition of the taxpayer or other person
liable for the tax.
   (2) The taxpayer fails to comply with any of the terms and
conditions relative to the offer.
   (l) Any person who, in connection with any offer or compromise
under this section, or offer of that compromise to enter into that
agreement, willfully does either of the following shall be guilty of
a felony and, upon conviction, shall be fined not more than fifty
thousand dollars ($50,000) or imprisoned in the state prison, or
both, together with the costs of investigation and prosecution:
   (1) Conceals from any officer or employee of this state any
property belonging to the estate of a taxpayer or other person liable
in respect of the tax.
   (2) Receives, withholds, destroys, mutilates, or falsifies any
book, document, or record, or makes any false statement, relating to
the estate or financial condition of the taxpayer or other person
liable in respect of the tax.
   (m) For purposes of this section, "person" means the taxpayer, any
member of the taxpayer's family, any corporation, agent, fiduciary,
or representative of, or any other individual or entity acting on
behalf of, the taxpayer, or any other corporation or entity owned or
controlled by the taxpayer, directly or indirectly, or that owns or
controls the taxpayer, directly or indirectly.