One
way the Internal Revenue Service will seek payment of an outstanding
balance is to take a share of your wages until your tax liability
is paid in full. After the IRS takes their share, there usually
is not enough left over to pay the rent, car payment, buy
groceries or pay the rest of your bills.
Before the IRS can garnish your wages or any other source
of income, the IRS must issue a “Final Notice Of Intent
To Levy And Notice Of Your Right To A Hearing” to the
taxpayer allowing up to 30 days from the date of the Final
Notice to pay in full or to find another solution. Ignoring
these notices or doing nothing will only make matters worse.
We
can analyze your situation to find the best course of action
for you and avoid the levy on your wages. Once the 30 days
has passed, the IRS does not have to give any further notice
before seizing your wages and other assets.
A
timely filing within 30 days of the date on the Final Notice
for a Collection Due Process hearing with the Office of Appeals,
would stop the levy and allow us to discuss and resolve your
case with an Appeals Officer.
Some
of the issues on appeal may include:
- You
paid all you owed before IRS sent the levy notice
- IRS
assessed the tax and sent the levy notice when you were
in bankruptcy, and subject to the automatic stay during
bankruptcy
- IRS
made a procedural error in an assessment
- The
time to collect the tax (called the statute of limitations)
expired before IRS sent the levy notice
- You
did not have an opportunity to dispute the assessed liability
- You
wish to discuss the collection options
- You
wish to make a spousal defense
At
the conclusion of the hearing, the Office of Appeals will
issue a determination. We would then have 30 days after the
determination date to bring a lawsuit in U.S. District Court
to contest the determination.
If
you decide to do nothing or fail to timely file a request
for a CDP Hearing, the levy we commence immediately and will
end when:
-
The levy is released
- You
pay your tax debt, or
- The
time expires for legally collecting the tax.
With
an IRS Checkup, our office can conduct a evaluation of your
current tax situation and make some recommendations. If we
find an area of concern, you can rest assured that by engaging
our services, our office will act as your advocate and seek
to resolve your IRS problems.
For
prompt evaluation of your case, we encourage you to click
here to register for our Tax Advisory Service. You
may also contact us using our toll-free number at 866.494.6829.
