By What Means Do I Bring to an end to an Internal Revenue Service Levy On My Financial Institution or Employer?
In order for the Internal Revenue Service to comply with the rule of law, they must to start with, 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 possessions or right to property of anyone except the Secretary has notified 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 given in person; 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 get 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 take delivery of 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 standstill an IRS bank levy or paycheck levy since suspension of collection activity upon such request is mandated by the law.
The Federal tax authorities have a penchant to attempt to base your total 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 a bank depositor who is subject to an IRS bank levy to retrieve their funds.
Almost anyone can stop an levy by Federal tax authorities by timely asking for a Collection Due Process 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 triumph in your hearing.
It happens often that I have found out about situations wherein the Internal Revenue Service sent a levy to an work place or financial institution prior to 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 action postponed 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 notice required by law has not been sent.
There are possibly few feelings worse than the one that comes upon you when your bank or employer give you notice that they have been served a Notice of Levy by the Internal Revenue Service requiring 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 makes available to you with the tools you should have to render the situation as meaningless as possible and ultimately prevail.
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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, IRS bank levy, Notice of Levy, paycheck