The IRS levied my Bank Account and withdrew all my $ without proper written notice?
-
I have delinquent taxes of $145,000 from previous tax years. With this type of debt, I sought out a professional tax agency to represent me with the IRS in an Offer or a payment plan. Well, the IRS levied my bank accounts without the proper written notification as described by the U.S. Treasury. I questioned my tax professional organization, and they asked for more money from me. Obviously, they just wanted to get my money and not do any work. I called the IRS about this, and they claim to have had a discussion with my "power of attorney" in December, but this was verbal and not in writing. My tax organization denies this conversation ever happened. Bottom line is that I am now unemployed and the monies the IRS levied were all that I had to pay my mortgage and support my children. What recourse do I have, if any to get the funds released? Incidentally, the funds are still with the bank as I am inside the 21 day period. Thanks for your help..
-
Answer:
You should've paid your taxes on time in the first place. You knew you had to, but chose not to, so you're now paying the price. Sorry, but I don't feel badly for you at all. You don't screw around with the IRS, that's common sense.
DNA at Yahoo! Answers Visit the source
Other answers
Are you saying that you never received a formal notice of intent to levy? That would be highly unusual. Call the IRS and ask them to fax you a copy. If you (or your P of A) did receive the notice then the levy is proper. If you did not receive the notice, contact the Taxpayer Advocate's office immediately at 1-877-777-4778. FYI, while an OIC is pending the IRS will continue with collection actions. They have up to 2 years to consider your offer.
Bostonian In MO
If your POA is not helping you, get a new POA. When they send you the final notice (L11 or L1058), there is a form to protest the assessment. After 30 days, your rights to a CDP (collection due process) hearing have passed. Note: they don't need to guarantee that you received it, just need to send it certified to the last known address. Or they can drop it at your door or place of business. Sending this gives the IRS rights to levy; it is the "fair warning" letter. (There is a remote chance that they didn't do the letter; I have never seen it, but I guess it is possible. Then it may be an illegal levy, but even then, in some type of circumstances, the levy may be legal.) If the IRS person as a copy of the certified receipt, or the returned envelope, you are way out of luck. The other thing you can do is talk to the IRS person and try to convince him to release the levy. It is their option; they don't have to. You can also request a meeting with their manager, or a CAP meeting (collection appeal process). However, many managers are more gung-ho on collection that the revenue agent/officer is. If there is a hardship, eventually you will need to fill out a 433-A or similar with documentation to convince the IRS person that there is a hardship. Also there is Taxpayer Advocate http://www.irs.gov/advocate/article/0,,id=97402,00.html but if time is of the essence, a direct call to the agent/officer in charge may be the only way. Edit: You received the "final notice." No, they don't legally need to notify you again. It is their policy to re-notify (on a different letter, not a final notice) if the last notice or levy is more than six months ago, but this is a policy, not a legal requirement.
Chuckie O
IRS must send a letter entitled "Notice of Intent to Levy and Your Right to a Hearing" by certified mail at least 30 days prior to issuing a levy on a bank account or anything else. You do not need to receive this letter so if you didn't pick up certified mail you were given proper notice and, for whatever reason, did nothing. IRS will note its records as to when the letter was mailed and if it was delivered or returned unclaimed. This is normal routine for IRS so it is highly unlikely that the letter was not sent. If IRS spoke with your representative in December they will have a record of the date, the person they spoke with and the employee number of the IRS employee who took the call. You, or someone acting on your behalf needs to call IRS before the 21 days are up to explain the situation including the fact that you are unemployed and that not releasing the levy will cause an unreasonable hardship.
wartz
You must not have heard of Roni Deutch. She's on the Internet. Give her a call.
cajundude1
good luck getting money back from the irs they are a ruthless bunch
clever1
thanks, you make my irs problems seem alot better, good luck.....
g-ma
oh wow.. what a bad situation.. sorry that this is happening... all i can say is that i know the government can, if you owe them money, do whatever they want to get it. put holds on all your assets, etc.. and just go in and take the money if they like. now i'm not sure the details with what your talking about in having conversations but it sounds like you have a bad deal with your power of attorney as well. i'd reconsider who your using. i'd keep trying to get thru to the IRS and see what they can do. good luck.
Aydens Mommy
Related Q & A:
- How To Create Virtual Bank Account?Best solution by Yahoo! Answers
- Should I put my name on the business bank account?Best solution by answers.yahoo.com
- How can I open a foreign-currency bank account?Best solution by Yahoo! Answers
- Is it possible to transfer funds from a North American bank into a Japanese bank account?Best solution by scotiabank.com
- Can I buy on ebay or use PayPal without a Bank account or credit card?Best solution by Yahoo! Answers
Just Added Q & A:
- How many active mobile subscribers are there in China?Best solution by Quora
- How to find the right vacation?Best solution by bookit.com
- How To Make Your Own Primer?Best solution by thekrazycouponlady.com
- How do you get the domain & range?Best solution by ChaCha
- How do you open pop up blockers?Best solution by Yahoo! Answers
For every problem there is a solution! Proved by Solucija.
-
Got an issue and looking for advice?
-
Ask Solucija to search every corner of the Web for help.
-
Get workable solutions and helpful tips in a moment.
Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.