More Al Franken business woes

By Michelle Malkin  •  April 16, 2008 03:10 PM

Last week, it was violations of workers’ comp and disability laws.

This week, Stuart Smalley’s in hot water over a “forfeited” California corporation.

Just imagine how well he would do in the Senate with your money!

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Posted in: Al Franken

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Comments


  1. #1
    On April 16th, 2008 at 3:13 pm, PBoilermaker said:

    Couldn’t have happened to a nicer guy.

  2. #2
    On April 16th, 2008 at 3:18 pm, On-my-soap-box said:

    Just imagine how well he would do in the Senate with your money!

    That was my first thought when I saw this come up before I check the thread and read it.

    My second thought? He will get elected.

  3. #3
    On April 16th, 2008 at 3:20 pm, Boomer said:

    For the man who continues to call people liars, one begins to wonder if he doth protest too much!

    Nicely put and I really feel sorry for the good folks of Minnesota and the rest of us if Al Franken ends up as their Senator contributing to the poor fiscal policy of the elitist upper house of runaway pork barrel spending.

  4. #4
    On April 16th, 2008 at 3:21 pm, spo-con said:

    Well, lets see. Failed comic,failed radio host,failed corporate head. I don’t know, sounds about right for todays congress. Can’t do anything else, go work for the People……….

  5. #5
    On April 16th, 2008 at 3:26 pm, BlameAmericaLast said:

    Sounds like Al needs an accountant (and a lawyer).

  6. #6
    On April 16th, 2008 at 3:27 pm, MNUSMCDavid said:

    Heh looks like I’m going to have fun this election cycle here in MN, in a small(ey) way, of course.

  7. #7
    On April 16th, 2008 at 3:28 pm, tropicalwave12 said:

    Because I’m smart enough, because I’m pretty enough and gosh darnit…people like me… So I shall run for office…

  8. #8
    On April 16th, 2008 at 3:29 pm, Jaded said:

    Doggone it he just doesn’t like the rules…idiot.

  9. #9
    On April 16th, 2008 at 3:31 pm, mymanpotsandpans said:

    I can’t get upset about him because he still makes me think of ice cream. When his bit with Davis came on Saturday Night Live, I went to the freezer. Al Franken, no comedian but a Good Humor Man nevertheless.

    Someone did a documentary on him. Will this be bonus footage for the DVD?

  10. #10
    On April 16th, 2008 at 3:32 pm, chapoutier said:

    My take:

    First, this not a forfeited California Corp. This is a NY corp that is registered to do business in California.

    Second, I am guessing that he failed to pay his 2007 minimum franchise tax, which I believe is something like $800 a year in California.

    He may have done it on purpose, if he really isn’t doing anything in California anymore. Often, when a corp., or in this case a foreign corp. registration, has outlived its usefulness, rather than go through the formal process which can be time consuming and annoying, the client chooses to just let some statutory requirement lapse (often an annual report with the secretary of state). They will get a notice saying that if such and such isn’t done in x days, the corp. will be revoked, which they just ignore.

    Its not necessarily how one SHOULD go about getting rid of an entity they don’t need, but it is relatively common.

    And if someone didn’t want their entity revoked, and just messed up, there is usually relatively easy fix which retroactively “unrevokes” the entity. Believe me, it happens ALL THE TIME.

    In summation, I really don’t know what the circumstances are, but I think this probably sounds a lot worse to people that aren’t lawyers than it really is.

    Please note that nothing contained herein is should be construed as offering legal advice. :)

  11. #11
    On April 16th, 2008 at 3:43 pm, PBoilermaker said:

    I agree, they’ll probably elect him because he says what the moonbats want to hear. It doesn’t matter who he really is or what he really does.

  12. #12
    On April 16th, 2008 at 3:46 pm, granite said:

    #9 On April 16th, 2008 at 3:31 pm, mymanpotsandpans said:

    “I can’t get upset about him because he still makes me think of ice cream. When his bit with Davis came on Saturday Night Live, I went to the freezer. Al Franken, no comedian but a Good Humor Man nevertheless.”

    Exactly.
    I also remember “Franken & Davis” on SNL.
    So lame…so not funny.
    You’re absolutely right – the “Franken & Davis” spots were nothing more than a bonus commercial break.

    Someone did a documentary on him. Will this be bonus footage for the DVD?

  13. #13
    On April 16th, 2008 at 3:46 pm, brooklyn red said:

    Violations of workers’ comp and disability laws??? Typical lib…

    Let them eat cake, just not MY cake.

  14. #14
    On April 16th, 2008 at 3:53 pm, Salt said:

    On April 16th, 2008 at 3:32 pm, chapoutier said:

    My take:

    First, this not a forfeited California Corp. This is a NY corp that is registered to do business in California.

    Second, I am guessing that he failed to pay his 2007 minimum franchise tax, which I believe is something like $800 a year in California.

    Looks like there’s more information coming out about this (StarTribune link).

    Looks like your guess is correct, however it also appears that California states that you have dissolve first.

    John Barrett, spokesman for the Franchise Tax Board, said that in order to stop filing corporate income tax returns, Franken’s corporation needed to officially dissolve itself in the state of California. He said that was never done.

    So, it could have been bad advice from his accountant, but in light of the workers’ comp issues, it’s certainly not helping him.

    Would he be as willing to forgive other corporations for not “following the rules”? Merely speculation, of course, but somehow I doubt it.

  15. #15
    On April 16th, 2008 at 3:54 pm, oregonelam said:

    chapoutier’s comment (#10) is dead on. In fact, the easiest way to withdraw from California is to allow the rights to be forfeited. Otherwise, it’s nearly a year long process that rarely results in a withdraw without needing to submit additional info. It rarely equates to a conclusion that tax liabilites were not paid.

  16. #16
    On April 16th, 2008 at 3:55 pm, englishqueen01 said:

    Couldn’t have happened to a nicer guy.

    I don’t know why, but that just struck me as really funny. :lol:

    Just imagine how well he would do in the Senate with your money!

    Almost as good as my 13-month-old does when he feeds himself.

  17. #17
    On April 16th, 2008 at 3:56 pm, AlohaGuy said:

    In summation, I really don’t know what the circumstances are, but I think this probably sounds a lot worse to people that aren’t lawyers than it really is.

    Believe me, everything sounds worse to people who aren’t lawyers…

    But I tend to agree – I know people who set up a new LLC for everything they do and let them lapse when the project is done. Not that I would let Al handle any of my money.

  18. #18
    On April 16th, 2008 at 3:56 pm, chapoutier said:

    Looks like your guess is correct, however it also appears that California states that you have dissolve first.

    Well…in ANY state you are supposed to dissolve first. But a lot of times the enforcement isn’t there and even if the tax man does try to collect, who can they collect against? A defunct corporation? Maybe they can try to go after the principal of the company, but then it is probably more trouble than its worth for such a relatively small amount of money.

  19. #19
    On April 16th, 2008 at 4:04 pm, ajmontana said:

    I see chappy made it through chapter 3 in his “Attorneys for Dummies” reading requirement.

  20. #20
    On April 16th, 2008 at 4:09 pm, AlohaGuy said:

    I see chappy made it through chapter 3 in his “Attorneys for Dummies” reading requirement.

    No, no, “Attorneys for Dummies” is aimed at people who kill their spouses when they actually only wanted a divorce.

  21. #21
    On April 16th, 2008 at 4:27 pm, chapoutier said:

    Believe me, everything sounds worse to people who aren’t lawyers…

    Which is why we’re here, Aloha…

    To be the calming voice of reason amongst the din of modern society. Like the soothing sound of waves lapping gently on a sandy beach.

  22. #22
    On April 16th, 2008 at 4:27 pm, BlameAmericaLast said:

    Looks like your guess is correct, however it also appears that California states that you have dissolve first.

    Having previously owned a California Corporation, yes, the minimum amount you have to pay is $800 a year (just to exist). However, if you want to stop doing business as a CA corporation, you do have to officially dissolve it. Upon officially doing this, you no longer do business in CA as a corporation, nor do you pay the minimum franchise tax of $800. However, this dissolution must be recognized by the state. You don’t just ignore it and it goes away.

    Trust me, CA wants their money…and unless you tell them otherwise, they’ll want to keep collecting the money.

  23. #23
    On April 16th, 2008 at 4:28 pm, Buckaroo said:

    I presume dude will not face serious opposition in the donk primary?

    Is norm polling so badly that dude has a chance in the general?!

  24. #24
    On April 16th, 2008 at 4:30 pm, On-my-soap-box said:

    Like the soothing sound of waves lapping gently on a sandy beach.

    I think I am getting seasick. :lol:

  25. #25
    On April 16th, 2008 at 4:31 pm, WalterMitty said:

    I think Al should play The Joker in the next Batman movie. Think about it.

    He’s got the morals.

    He’s got the gall.

    And gosh darn it, he’s got the looks!

  26. #26
    On April 16th, 2008 at 4:43 pm, TexasTiger said:

    Public records from the state of California, list Al Franken as “CHIEF EXECUTIVE OFFICER” (CEO) and “CHIEF FINANCIAL OFFICER” (CFO) of Alan Franken Inc.
    ….
    Personal financial disclosure forms filed with the U.S. Senate on May 15, 2007, show that Franken was paid over $1 million by Alan Franken Inc.

    The above story should really agitate the goons over at the AFL-CIO’s Executive PayWatch project, especially whoever wrote the following:

    Boards of directors are responsible for setting CEO pay. Frequently, however, directors award compensation packages that go well beyond what is required to attract and retain executives and reward even poorly performing CEOs. These executive pay excesses come at the expense of shareholders, as well as the company and its employees.

    I sure hope the disclosures above don’t cost Al any union endorsements.

  27. #27
    On April 16th, 2008 at 4:45 pm, zorro said:

    Has Stuart Smalley been doing business in California since his company has “forfeited”? If so, what are the consequences?

    These “do as I say” liberals are really something.

  28. #28
    On April 16th, 2008 at 4:49 pm, chapoutier said:

    If so, what are the consequences?

    Usually not much, so long as you get back in good standing. Any contracts you enter are still enforcable, etc…

    Where this forfeiture or revocation really starts to hurt is when the company tries to get a bank loan or enters some other major transaction (like a real estate sale) where the other side has enough saavy to check. They will demand you get it reinstated before proceeding.

    I suppose that if a company was sued while its status was revoked, it could open the owner up to personal liability under a “piercing of the corporate veil” theory, as well.

  29. #29
    On April 16th, 2008 at 4:53 pm, chapoutier said:

    aj…

    I think Attorneys for Dummies would be a book for people to learn about attorneys.

    You are thinking of “The Law for Dummies” or alternatively “How to Charge $300 an Hour Without Really Trying” is a great resource. I am on Chapter 12: Advance Billable Padding Techniques.

  30. #30
    On April 16th, 2008 at 4:54 pm, AlohaGuy said:

    To be the calming voice of reason amongst the din of modern society. Like the soothing sound of waves lapping gently on a sandy beach.

    Sort of like this?

  31. #31
    On April 16th, 2008 at 5:03 pm, TexasTiger said:

    On April 16th, 2008 at 4:53 pm, chapoutier said:

    You are thinking of “The Law for Dummies” or alternatively “How to Charge $300 an Hour Without Really Trying” is a great resource. I am on Chapter 12: Advance Billable Padding Techniques.

    Is that available at Amazon.com? I’d like to send a copy to my ex-wife’s attorney.

  32. #32
    On April 16th, 2008 at 5:03 pm, right_on said:

    And he thinks Rush Limbaugh is a big fat idiot? Har!!!

  33. #33
    On April 16th, 2008 at 5:23 pm, ajmontana said:

    yeah chaps, I was caught up in the moment, but i did like your sandy beaches…. lmao

  34. #34
    On April 16th, 2008 at 5:24 pm, ajmontana said:

    but you knew what i meant…. being a lawyer and all. :lol:

  35. #35
    On April 16th, 2008 at 5:35 pm, richardbo said:

    Let’s not forget that he can say and do anything without responsibility or consequence because he is a comedian.

  36. #36
    On April 16th, 2008 at 7:07 pm, ronalddog said:

    I’m a paralegal in California that does business wind ups and according to legal research tools (I have better toys than most), Franken has a state tax lien for:
    DEBTOR INFORMATION

    Debtor: FRANKEN, ALAN
    15 E 26TH ST APT 1803
    NEW YORK, NY 10010

    Debtor Type: INDIVIDUAL

    CREDITOR INFORMATION

    Creditor: STATE OF CA

    LIEN INFORMATION

    Total Amount: $29,519.00

    his corporation was forfeited for:

    08/01/2007 FRANCHISE TAX BOARD FORFEITURE.

    This means his corporation was forfeited for not paying taxes or not filing tax returns (which is worse on the Franken because it means he did NOT abide by the law).

    To dissolve a corporation is California is a real headache – you have to get the state franchise tax board to sign off first, which means filing all due returns and paying the $800 minimum tax for all years including the year the corporation is to be dissolved.

    P.S. the state tax lien was filed on 10/1999 and I don’t see a notation that it was satisfied.

    All the naysyers are playing the fool – in California you just can’t let the corporation lapse, by law you must file a tax return for every year until the corporation is dissolved (with the $800 minimum tax accuring). The Secretary of State will not dissolve the corporation until ALL of the taxes are paid. But this dufus has a $29K tax lien so he won’t be dissolving until ALL the taxes, internet and penalties are paid.

  37. #37
    On April 16th, 2008 at 7:18 pm, Beukeboom said:

    The bottom line is Al Franken wants to make a lot of money and one surefire way is to be elected to Congress as a Democrat. You get a good chunk o’ change while “serving”, a great pension once “retired”, and the chance to go into the private sector via contacts made while in Congress and VOILA…big bucks.

  38. #38
    On April 16th, 2008 at 7:37 pm, ronalddog said:

    I’m sorry but I wasn’t clear above. It seems that Franken had a state tax lien which was released in January of 2000.

    His corporation was incorporated in California in 1998. It seems that Mr. Franken did not see it necessary to file income tax returns from 2003 to 2007 – thus his corporation was forfeited.

    How a person wants to run for Senator after having a state tax lien against him and currently having a forfeited corporation which is delinquent on his taxes is beyond me. He must have really big huevos.

  39. #39
    On April 16th, 2008 at 8:14 pm, TexasTiger said:

    On April 16th, 2008 at 5:35 pm, richardbo said:

    Let’s not forget that he can say and do anything without responsibility or consequence because he is a comedian.

    Absolutely. Just ask Michael Richards!

  40. #40
    On April 17th, 2008 at 12:13 pm, Chuck said:

    ronalddog said:
    How a person wants to run for Senator after having a state tax lien against him and currently having a forfeited corporation which is delinquent on his taxes is beyond me. He must have really big huevos.

    The answer to that is here in The Peoples Republic of Minnesota:

    PBoilermaker said:
    I agree, they’ll probably elect him because he says what the moonbats want to hear. It doesn’t matter who he really is or what he really does.

    This place has gone full throttle Socialist. Besides, he’s a clown and we’ll be sending him to the National Circus. He’ll fit right in.

  41. #41
    On April 17th, 2008 at 12:23 pm, dan708 said:

    Would Al Franken do us all a favor and go back under his rock? Nobody listens to his Airhead America network, nobody cares about his books. Just go away!

  42. #42
    On April 18th, 2008 at 12:41 am, Vntnrse said:

    But Dog-gone it, he’s not good enough and he’s not smart enough and nobody likes him. That’s why they call him Stewart Smalley!

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