What method is There to Bring to a Halt to an Internal Revenue Service Notice of Levy On My Bank Account or Employer?
January 27, 2010 by Taxcut Editor
Filed under Personal and Business Taxes
In order for the IRS to abide by the decrees of Congress, they are obliged to to start with, give the subject of the levy what is called in the statutes a Final Notice of Intent to Levy made according to 26 USC § 6330(a)(1) which provides in pertinent part that no levy may be made on any possessions or right to property of anybody unless the Secretary has notified such person in writing of their right to a hearing under this section in advance of such levy being made.
26 USC § 6330(a)(2) provides that the notice required under paragraph (1) shall be handed to you personally; 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 are given the notice, it is vital that your request 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 Collection Due Process 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 CDP hearing is the most successful way to prevent an IRS bank levy or paycheck levy since suspension of collection activity upon such request is mandated by the law.
The IRS have a inclination to endeavor to base your total hearing upon what you put in that hearing 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 CDPH (Collection Due Process Hearing) as provided in 26 U.S.C. § 6330(b)(1). However, if proper 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 decide against you and move forward on the levy. The IRS Terminator package is planned to give you the absolute best chance to overcome in your hearing.
It happens often that I have been made aware circumstances in which the IRS sent a levy to an employer or financial institution ahead of sending the Final Notice of Intent to Levy. It is still feasible to request a CDPH hearing in a situation such as this and get the collection activity delayed before the IRS takes your paycheck or funds. There are forms in the www.irsterminator.com package whose propose is to competently request a CDPH (Collection Due Process Hearing) in a situation where the notice required by law has not been sent.
There are perhaps not many feelings worse than the one that happens when your financial institution or work place informs you that they have been served or mailed with a Notice of Levy by the IRS instructing 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 provides you with the knowledge you should have to render the circumstances as undamaging as possible and ultimately triumph.
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