CA FTB 2917 - Claim for refund denied

Hi,

 

Tax year: 2020

Tax filed: 2022

 

I filed my taxes lately for 2020.

 

In 2022 July-Sep, I was in my home country as my dad expired. During the time, I got demand penalty letter and the notice was in my mail box.

 

Upon return contacted but they said that it is too late. I filed the taxes in Oct end 2022.

 

I got demand penalty for $4K.  I contacted CA FTB and upon their advice, submitted form 2917.

 

Now, I got letter in reply to CA FTB 2917 as "Claim for refund denied". They are asking me to do one of the two:

a) OTA

b) Superior Court 

 

Any tips or advice on how to resolve? Do we have other options without going to OTA or Superior Court and get back the money? 

 

Regards

 

SSV