What Tactics can I Use to Prevent a Federal Levy On My Bank or Wages?
In order for the Internal Revenue Service to comply with the law, they must first hand 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 applicable part that no levy may be made on any property or right to property of anybody unless the Secretary has alerted such person in writing of their entitlement 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 given in person; left at the place of abode 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 thirty days before the day of the first levy.
When you receive the notice, it is important 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 accept the aforementioned notice and read it you will see that 26 U.S.C. § 6330(e) provides that as soon as a CDPH (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 Collection Due Process Hearing is the most efficient way to halt an IRS levy on a bank account or paycheck since suspension of collection activity upon such request is mandated by the law.
The IRS has a tendency to try and base your entire hearing upon what you put in that request. It is for this reason I 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 the bank depositor to retrieve their funds.
It is not difficult to stop an levy by Federal tax authorities by timely requesting a CDPH as provided in 26 U.S.C. § 6330(b)(1). However, if proper steps are not taken to be victorious 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 designed to give you the absolute best chance to win your hearing.
It has happened frequently that I have learn about circumstances wherein the Internal Revenue Service sent a levy to an employer or bank sooner than they sent the Final Notice of Intent to Levy. It is still feasible to ask for 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 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 doubtless few feelings worse than the one that comes upon you when your bank or work place give you notice that they have been served or mailed with a Notice of Levy by the Internal Revenue Service requiring them to keep most all of your next paycheck or deliver the funds in your bank account to them. My IRS Terminator package makes available to you with the paperwork you should have to render the circumstances as harmless as possible and ultimately triumph.
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