by Fresh Start Tax | Jun 13, 2012 | IRS Tax Problem, Tax Lawyer, Tax Levy and Wage Garnishments
Wrongful IRS Tax Levy – How to get a release of Wrongful Tax Levy
If the IRS has placed a wrongful or incorrect tax levy on any asset that you have, there is a procedure to removal the wrongful tax levy from the IRS.
First of all, there is no specific form for making the request to get the wrongful tax levy removed.
The Tax Law on a Wrongful IRS tax levy.
§ 301-6343-3(d) states in part that a levy that was made in violation of the law must be released and the levied property must be returned to the taxpayer.
§ 301-6343-3(e) states in part that the taxpayer must request the return of levied property within 9 months after the levy.
§ 301-6343-3(h) provides the procedure for making a request for the return of the levied property.
The procedure is as follows:
1. The request must be in writing to the address on the levy form.
2. The request must include the following information:
a. The name, current address and the taxpayer identification number.
b. A description of the property levied upon.
c. The date of the levy.
d. A statement of the grounds upon which the return of money is being requested.
§ 301-6343-3(g) states that the commissioner must determine whether any of the conditions of § 301-6343-3(d) apply for the release of the levy and the return of the levied property.
If the IRS denies the request for the return of the levied property, IRM 5.11.2.3.3(1), states that the IRS will issue Letter 3975 (Rejection of Request for Return of levied Property ) to the taxpayer.
IRM 5.11.2.3.3(3) states that the taxpayer may appeal the rejection (after receiving Letter 3975) of the request for the IRS to return the levied property using Collection Appeal Program (CAP) procedures; or, if Collection Due Process (CDP) rights exist under § 6330(f) and are timely exercised by raising the issue at a CDP hearing or an equivalent hearing, whichever may be applicable.
The removal of the wrongful or incorrect tax levy.
The first place to start is to contact the person or unit that issued the wrong IRS tax levy.
Ask to speak to the manager in the unit where the levy was sent. Many times you will not be allowed to speak to the managers about the wrongful tax levy. Once you make that request two days latter file a CAP request by fax to the unit of person working the case. This forces the IRS to work your appeal and start the process of the removal of the wrongful tax levy.
If after all this the IRS still does not work the wrongful tax levy, you can contact the Taxpayer Advocate Office.
Should you need any help with this process contact Fresh Start Tax LLC.
We have on staff Tax Attorneys, CPA’s and Former IRS and can address all your IRS problems and get you immediate tax relief.
Wrongful IRS Tax Levy – How to get a release of Wrongful Tax Levy – Former IRS Agents
by Fresh Start Tax | Jun 1, 2012 | Back Taxes, Installment Agreements, IRS Payment Plans, IRS Tax Debt, IRS Tax Problem, Offer in Compromise, Tax Lawyer, Tax Levy and Wage Garnishments, Tax Settlements, Uncategorized
IRS, Tax Levy and Unfiled Tax Returns – How to get IRS off your back 1-866-700-1040
Have Former IRS Agents get your tax levy released and file all your back tax returns. We are tax experts. We are fast and affordable.
One of the largest concerns for taxpayers who have just received one of 3.8 million tax levies the IRS sends out a year is ” How do I get IRS off my back and my tax levy released?”
A good estimate is that there about 20 million taxpayers out there with unfiled tax returns and at some point the IRS just catches up. Tax levies are coming!
The IRS enforcement computer called CADE catches up to all taxpayers.
How to deal with the IRS and get them of your back.
IRS does not want to levy. They do not want to send out bank levies and wage levies or tax garnishments. We have a voluntary system of compliance. When taxpayers do not respond to IRS letters, notices and the filing of their tax returns, IRS has no choice but to let the computer system follow up with enforced compliance.
With that said, you can get the IRS off your back quite easily.
The easiest way of course is to hire a tax professional who knows there way around and through the system and can easily resolve the situation. A tax professional will handle the case in this fashion.
In regarding to past due, late, unfiled, back or delinquent tax returns.
The Internal Revenue Service will not usually release bank or wage garnishment levies until all tax returns are filed.
The levy serves as an enforcement tool to make sure IRS gets what IRS wants. IRS will hold their position on this issue and want all tax returns in their hands until it will release the bank or wage levy garnishments.
Waste no time, get tax returns prepared and filed immediately. The longer you wait the longer the bank or wage levy will usually stay in place.
We make sure the tax returns are sent to the agent handling the case so the tax returns do not get caught up in the system. IRS can lose track of the returns easily.
After all tax returns are sent to the IRS, the Service will want to review your current financial statement. The financial statement the 433A, 433F is the crucial element to the way your case will be closed by the IRS to end your tax problem. Tax relief will be coming soon, be patient.
IRS will expect a documented financial statement. After a review of the financial statement IRS will close your case in one of the following three ways:
1. IRS will put your case in hardship or currently uncollectible which means IRS has determined you have no money to pay them at the current time. Penalties and interest will continue to run and your case will works its way back to the computer system in a couple years. IRS notice and letters will start up somewhere down the road.
2. If you show and ability to pay the IRS back taxes, IRS will insist on the payment plan, installment plan or streamline agreement.
3. IRS will consider a Offer in Compromise or a tax debt settlement.
It is not wise for any taxpayer to file on Offer in Compromise on there own.
There is much involved and I should know. I am a former IRS Agent and teaching Instructor with the IRS. Offers in Compromise are complicated and there is much skill required to have a successful offer accepted.
In summary the keys to getting the IRS off your back:
1. Make sure all tax returns are filed and you are current on all withholding
2. Make sure you have a proper documented 433A, 433F so IRS can close your case,
3. Have a plan B.
We are staffed with former IRS Agents, CPA’s and Board Certified Tax Attorneys.
Call us today to end your tax problem, get immediate tax relief and get your life restored.
IRS, Tax Levy and Unfiled Tax Returns – How to get IRS off your back
by steve | Oct 25, 2011 | Back Taxes, IRS Tax Problem, Tax Levy and Wage Garnishments, Uncategorized
Fresh Start Tax L.L.C. Since 1982 Affordable IRS Tax Experts “A” Rated by the BBB Tax Levy, Back Tax Returns – Immediate Results
If the IRS has sent to you a Notice of Tax Lien, Tax Levy and you need immediate tax representation call us today to have a true IRS Tax Expert completely resolve your IRS tax situation.
You have be able to speak directly to either a Board Certified Tax Attorney, CPA or Former IRS Agents, Managers or Instructors.
We have over 205 years of professional tax experience and over 60 years of direct work experience at the IRS in the local, district or regional offices of the IRS. We are one of the oldest, most trusted and experienced professional tax firms.
Call us for a no cost consult 1-866-700-1040 and speak to a true tax expert. We are fast and affordable.
Areas of Professional Tax Practice:
- Same Day IRS Tax Representation
- Offers in Compromise or IRS Tax Debt Settlements
- Immediate Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
- Tax Return Reconstruction if Tax Records are lost or destroyed
Our Company Resume: ( Since 1982 )
- Our staff has collectively over 205 years of Professional IRS Tax Representation Experience
- On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
- We taught Tax Law in the IRS Regional Training Center
- Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
- Highest Rating by the Better Business Bureau “A”
- Fast, affordable, and economical
- Licensed and certified to practice in all 50 States
- Nationally Recognized Veteran /Published Former IRS Agent
- Nationally Recognized Published EZINE Tax Expert
- As heard on GRACE 90.3 FM Monthly Radio Show-Business Weekly
by steve | Sep 14, 2011 | Tax Help, Tax Levy and Wage Garnishments
Fresh Start Tax LLC Since 1982 Affordable IRS Tax Experts A Professional Tax Firm “A” Rated by the Better Business Bureau
Let Former IRS Agents, Managers and Instructors fight back!
If you are experiencing a IRS Tax Problem, have a IRS Tax Levy or a Federal Tax Lien call us for a no cost professional tax consult and find out the very tax best option to settle and close your IRS case your tax case.
We taught Tax law at the Internal Revenue Service and worked for IRS in the local, district and regional offices of IRS for over 60 years.
Turn to true IRS Tax Experts to resolve your IRS Problem. Call us for a no cost professional tax consult.
Areas of Professional Tax Practice:
- Same Day IRS Tax Representation
- Offers in Compromise or IRS Tax Debt Settlements
- Immediate Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
- Tax Return Reconstruction if Tax Records are lost or destroyed
Our Company Resume: ( Since 1982 )
- Our staff has collectively over 205 years of Professional IRS Tax Representation Experience
- On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
- We taught Tax Law in the IRS Regional Training Center
- Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
- Highest Rating by the Better Business Bureau “A”
- Fast, affordable, and economical
- Licensed and certified to practice in all 50 States
- Nationally Recognized Veteran /Published Former IRS Agent
- Nationally Recognized Published EZINE Tax Expert
- As heard on GRACE 90.3 FM Monthly Radio Show-Business Weekly
How we Settle and Negotiate your case with the Internal Revenue Service:
1. We immediately send a power of attorney to the IRS letting them know we are now your tax representative. You will never have to speak to the IRS.
2. We will make sure all your tax returns are filed and current. If your tax returns are not up to date, the IRS will refuse to work your case. This is leverage that they use to get you compliant. We can pull tax transcripts, file and prepare your tax returns within days, even if you have lost your tax records.
3. The IRS requires a current financial statement. We will secure a required 433-A (IRS financial statement), verify the income and expenses and work out a settlement agreement. The IRS will require a closing settlement method for each case.
4. We review with our clients how they want to settle their case. We get them an agreement based on their current financial needs.
IRS Tax Settlement Agreements can be in different forms:
a. Hardship Settlements. Cases usually go into a 3 year suspended status because of an inability to pay. This is also called currently noncollectable. Your case will go into a hardship status because you do not have the income coming in to meet your current expenses. The IRS will use the National Standards Program to assess hardship.
b. Payment Agreements. Cases can be closed with agreed upon monthly installment payments to the IRS. We will review the different programs the IRS uses for the lowest possible amount required.
c. IRS Offer in Compromise. There are three types of OICs:
The IRS may accept an Offer in Compromise based on three grounds:
1. Doubt as to Collectibility – Doubt exists that the taxpayer could ever pay the full amount of tax liability owed within the remainder of the statutory period for collection.
2. Doubt as to Liability – A legitimate doubt exists that the assessed tax liability is correct. Possible reasons to submit a doubt as to liability offer include:
(1) the examiner made a mistake interpreting the law,
(2) the examiner failed to consider the taxpayer’s evidence or
(3) the taxpayer has new evidence.
3. Effective Tax Administration / Exceptional Circumstances – There is no doubt that the tax is correct and there is potential to collect the full amount of the tax owed, but an exceptional circumstance exists that would allow the IRS to consider an OIC. To be eligible for compromise on this basis, a taxpayer must demonstrate that the collection of the tax would create an economic hardship or would be unfair and inequitable.
IRS Tax Levy, IRS Tax Lien, IRS Tax Settlements – Affordable Tax Attorneys, Former IRS Agents – Norfolk, Arlington, Hampton, Portsmouth, Roanoke – VIRGINIA IRS TAX EXPERTS
by steve | Aug 26, 2011 | IRS Tax Advice, Tax News
Fresh Start Tax LLC Since 1982 IRS Tax Experts A Professional Tax Firm “A” Rated by the Better Business Bureau
Get Immediate Relief from IRS Tax Levies today. We can get releases on Bank Levies and Wage Garnishments!
Since we have over 205 years of professional tax experience and over 60 years of working directly for the Internal Revenue Service, we know all the right forms to file, the right telephone numbers to call, and know all the techniques not only to get your tax levy released but also settle and close your IRS tax case.
We have worked for over 60 years in the local, district and regional tax offices of the IRS. We also taught Tax Law and Collection Policy in the Regional Tax Offices.
Our Company Resume: ( Since 1982 )
- Our staff has collectively over 205 years of Professional IRS Tax Representation Experience
- On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
- We taught Tax Law in the IRS Regional Training Center
- Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
- Highest Rating by the Better Business Bureau “A”
- Fast, affordable, and economical
- Licensed and certified to practice in all 50 States
- Certified by the Internal Revenue Service
- Nationally Recognized Veteran Former IRS Agent
- Nationally Recognized Published EZINE Tax Expert
- As heard on GRACE 90.3 FM Monthly Radio Show-Business Weekly
How we can immediately get Notices of Bank Levy and Wage Garnishment Released.
As former IRS Agents, Managers and Instructors we have issued thousands of IRS Wage/Garnishment and Bank Levies. We know exactly how to quickly get them released. We have what it takes.
1. We immediately send a power of attorney to the IRS letting them know we are now your representative. You will never have to speak to them.
2. We will make sure all your tax returns are filed and current. If your tax returns are not up to date, the IRS will refuse to work your case. This is leverage that they use to get you compliant. We can pull tax transcripts, file and prepare your tax returns within days, even if you have lost your tax records.
3. The IRS requires a current financial statement. We will secure a required 433-F (IRS financial statement), verify the income and expenses and work out a settlement agreement. The IRS will require a closing settlement method for each case.
4. We review with our clients how they want to settle their case. We get them an agreement based on their current financial needs.
IRS Tax Settlement Agreements can be in different forms:
a. Hardship Settlements. Cases usually go into a 3 year suspended status because of an inability to pay. This is also called currently noncollectable. Your case will go into a hardship status because you do not have the income coming in to meet your current expenses. The IRS will use the National Standards Program to assess hardship.
b. Payment Agreements. Cases can be closed with agreed upon monthly installment payments to the IRS. We will review the different programs the IRS uses for the lowest possible amount required.
c. Offer in Compromise. There are three types of OICs:
The IRS may accept an Offer in Compromise based on three grounds:
1. Doubt as to Collectibility – Doubt exists that the taxpayer could ever pay the full amount of tax liability owed within the remainder of the statutory period for collection.
2. Doubt as to Liability – A legitimate doubt exists that the assessed tax liability is correct. Possible reasons to submit a doubt as to liability offer include:
(1) the examiner made a mistake interpreting the law,
(2) the examiner failed to consider the taxpayer’s evidence or
(3) the taxpayer has new evidence.
3. Effective Tax Administration/ Exceptional Circumstances – There is no doubt that the tax is correct and there is potential to collect the full amount of the tax owed, but an exceptional circumstance exists that would allow the IRS to consider an OIC. To be eligible for compromise on this basis, a taxpayer must demonstrate that the collection of the tax would create an economic hardship or would be unfair and inequitable.
