What Tactics can I Use to Block an IRS Levy On My Bank or Paycheck?
In order for the Internal Revenue Service to abide by the directives of Congress, they have to firstly provide their levy target (that would be you) what is called in the statutes 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 possessions or right to property of anyone unless the Secretary has notified such person in writing of their right to a hearing under this section before 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 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 obtain the notice, it is vital that your application 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 get 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 CDPH (Collection Due Process Hearing) is the most successful way to bring to a 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 Collection Due Process 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 correct steps are not taken to succeed 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 triumph in your hearing.
It has happened frequently that I have been made aware situations wherein the IRS sent a levy to an employer or bank ahead of sending the Final Notice of Intent to Levy. It is still feasible to demand a CDPH hearing in a situation such as this and get the collection activity delayed before the IRS takes your paycheck or bank deposits. There are forms in the www.irsterminator.com package designed to competently request a Collection Due Process Hearing in a situation where the statutorily required notice has not been sent.
There are doubtless few feelings worse than the one that happens when your bank or employer tells you that they have been served or mailed with a Notice of Levy by the Federal tax authorities 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 equipment it is a necessity to have to render the circumstances as meaningless as possible and finally come out on top.
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