What Strategies can I Use to Stop an Internal Revenue Service Notice of Levy On My Bank Account or Employer?
Posted by Tax Man - 21/01/10 at 06:01 amIn order for the IRS to comply with the law, they are required to first provide you what is known as a Final Notice of Intent to Levy made according to 26 USC § 6330(a)(1) which provides in relevant part that no levy may be made on any property or right to property of anybody except the Secretary has advised such person in writing of their entitlement 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 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 thirty 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 accept 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 stop 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 try and base your whole 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 a bank depositor who is subject to an IRS bank levy to retrieve their funds.
It is not difficult to block an levy by Federal tax authorities by timely asking for a CDP hearing as provided in 26 U.S.C. § 6330(b)(1). However, if right steps are not taken to prevail 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 come out on top in your hearing.
It is not an odd occurrence that I have come to know circumstances where 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 possible to demand a CDPH hearing in a situation such as this and get the collection action put off before the IRS takes your paycheck or funds. There are forms in the www.irsterminator.com package designed to competently request a Collection Due Process Hearing in a situation where the notice required by law has not been sent.
There are doubtless not many feelings worse than the one that comes upon you when your financial institution or work place give you notice that they have been served a Notice of Levy by the Federal tax authorities 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 supplies you with the authority it is a necessity to have to render the circumstances as harmless as possible and finally win.
Follow me on Twitter.com/legalbear See you there. 
