What Tactic Should be Used to Prevent an Internal Revenue Service Levy On My Financial Institution or Employer?
In order for the Internal Revenue Service to abide by the directives of Congress, they have the duty to to start with, hand 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 property or right to property of any person except 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 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 30 days before the day of the first levy.
When you are given the notice, it is critical 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 bring to a standstill 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 block an Internal Revenue Service levy by timely asking for a CDPH (Collection Due Process Hearing) as provided in 26 U.S.C. § 6330(b)(1). However, if appropriate 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 calculated to give you the absolute best chance to come out on top in your hearing.
It is not an odd occurrence that I have been told situations where the IRS sent a levy to an work place or bank earlier than they sent the Final Notice of Intent to Levy. It is still possible to request a CDPH hearing in a situation such as this and get the collection action 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 in a situation where the statutorily required notice has not been sent.
There are perhaps few feelings worse than the one that happens when your financial institution or employer notifies you that they have been served a Notice of Levy by the Internal Revenue Service ordering 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 ought to have to render the circumstances as undamaging as possible and finally be victorious.
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Tags: 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, Notice of Levy, paycheck, stop IRS levy
