What Tactics can I Use to Stop an IRS Levy On My Financial Institution or Employer?
In order for the Internal Revenue Service to abide by the law, they have to to start with, provide the subject of the levy what is known as a Final Notice of Intent to Levy pursuant to 26 USC § 6330(a)(1) which provides in relevant part that no levy may be made on any possessions or right to property of anyone except the Secretary has notified such person in writing of their right to a hearing under this section prior to such levy being made.
26 USC § 6330(a)(2) provides that the notice required under paragraph (1) shall be given in person; left at the dwelling or usual place of business of such person; or sent by certified or registered mail, return receipt requested, to such person’s last known address; not less than 30 days before the day of the first levy.
When you obtain the notice, it is VERY important that your demand for the hearing be made timely. 26 USC § 6330(a)(3) specifies that the information included with the notice the IRS sends you shall include notice to you of the right to request a hearing during the 30-day period under paragraph (2).
When you are given the aforementioned notice and read it you will see that 26 U.S.C. § 6330(e) provides that as soon as a CDP hearing is timely requested “the levy actions which are the subject of the requested hearing…shall be suspended for the period during which such hearing, and appeals therein, are pending…” Requesting a Collection Due Process Hearing is the most efficient way to bring to a standstill an IRS bank levy or paycheck levy since suspension of collection activity upon such request is mandated by the law.
The Internal Revenue Service have a penchant to endeavor to base your complete hearing upon what you put in that request. It is for this reason I highly recommend using the addendums that are part of my IRS Terminator package. I explain the importance of the addendums in the videos at www.irsterminator.com.
I have seen the IRS fax a release of levy to an employer in as little as two days subsequent to the CDP hearing request being sent. There is a little trick to getting such fast action which is explained in the IRS Terminator package. This makes it possible for the employee to never miss a full paycheck and for a bank depositor who is subject to an IRS bank levy to retrieve their funds.
It is not difficult to stop an levy by Federal tax authorities by timely requesting a Collection Due Process Hearing as provided in 26 U.S.C. § 6330(b)(1). However, if right steps are not taken to come out on top in the hearing, eventually the IRS will get around to holding the hearing and in all likelihood rule against you and move forward on the levy. The IRS Terminator package is designed to give you the absolute best chance to succeed in your hearing.
It happens often that I have been informed circumstances where the IRS sent a levy to an employer or bank ahead of sending the Final Notice of Intent to Levy. It is still possible to demand a CDPH hearing in a situation such as this and get the collection activity suspended before the IRS takes your paycheck or bank deposits. There are forms in the www.irsterminator.com package whose aim is to competently request a Collection Due Process Hearing in a situation where the notice required by law has not been sent.
There are probably not many feelings worse than the one that comes upon you when your financial institution or employer informs you that they have been mailed a Notice of Levy by the IRS requiring them to keep most all of your next paycheck or that there is an IRS bank levy on the funds in your bank account. My IRS Terminator package supplies you with the tools it is a necessity to have to render the circumstances as meaningless as possible and ultimately overcome.
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Tagged With 26 USC § 6330(a)(1), bank account, Block IRS levy, CDP hearing, CDPH, Collection Due Process Hearing, Final Notice of Intent to Levy, Internal Revenue Service, IRS, IRS bank levy, notice of levy, paycheck
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