Yeah. Your lack of a catalytic convertor is really screwing you up.
The catback exhaust has no smog implications what so ever; thats why they dont issue CARB numbers for them -- because they don't effect your exhaust, only sound tone.
But, without a cat it's gonna fail everytime.
Get a cat, put it on -- go pay $25 and have it *tested* at a different shop and then if it passes have them print out the receipt for it and you're done.