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Posts Tagged ‘26 USC § 6330’

If you bought my IRS Lien Thumper and IRS Terminator packages you would have been able to use the Freedom of Information Act requests (FOIA) to request postal records respecting the Certified mailings of Notices of Lien mandatory by 26 USC § 6320 and Final Notices of Intent to Levy required by 26 USC § 6330. Those requests are for a Postal record, that the Internal Revenue Manual says is supposed to be signed by a Postal worker, and is required to be kept in its paper form by the Internal Revenue Service for ten years. When the the Service  fails to stick to administrative procedures they have got to remove their liens or refund levied funds. The IRS Lien Thumper and IRS Terminator packages discuss this strategy in more detail. You can acquire both of those packages together at a generous discount.

If you can show that the IRS  has not followed every one of their administrative steps it can be conducive to winning a Collection Due Process Hearing that continue the suspension of collection activities and stave off the implementation of an IRS levy against a bank account in a financial instution or paycheck, as is discussed in more detail in the no obligation videos at www.irsterminator.com.

Persons who have requested Postal record FOIAs from the IRS have gotten two different answers at this point: 1) They have failed to provide the record; 2) They have provided a record that appears to have been fabricated. When they provide a record that appears to have been fabricated is when a FOIA to the Postal Service becomes necessary to determine the truth of the record.

The Postal Service asks that FOIAs be mailed to the custodian of the records. The custodian is the head of the postal facility where the record is maintained. In most instances, it will be a postmaster. To me this means that my customers will have to determine where the IRS placed the Certified mail in the mail and their FOIA request will be going to the postmaster at that facility. A search at the US Postal Service’s website to determine the address of the facility should prove fruitful. The FOIA Act itself tells us that the envelope containing your request state that it is a “Freedom of Information Act Request” on the outside.

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Did the IRS Levy Your Bank or Employer?

There are probably not many feelings worse than the one that happens when your financial institution or your work give notice you that they have been served a Notice of Levy by the Automated Collections at the IRS allegedly ordering them to keep most all of your next paycheck or deliver the funds in your bank account to them. Actually, if the IRS has complied with the law, a Notice of Levy should never be a surprise. 26 USC § 6330 provides in pertinent part:

(a)  Requirement of notice before levy
(1) In general
No levy may be made on any property or right to property of any person unless the Secretary has notified such person in writing of their right to a hearing under this section before such levy is made. Such notice shall be required only once for the taxable period to which the unpaid tax specified in paragraph (3)(A) relates.

26 USC § 6330 provides this respecting the timing and manner of service of the notice:

(a)(2)  Time and method for notice
The notice required under paragraph (1) shall be-
(A) given in person;
(B) left at the dwelling or usual place of business of such person; or
(C) 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 with respect to the amount of the unpaid tax for the taxable period.

When you get the aforementioned notices and study them timely, you should see that 26 U.S.C. § 6330(e) provides that as soon as a Collection Due Process Hearing (CDPH) 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…” This provision renders the request for a Collection Due Process Hearing (CDPH) a extremely effectual means to end an IRS levy on a bank account or paycheck.

In the instance in which a levy was received by an employer but the notice had not been served as required by the above statutes, I have seen the IRS fax a release of levy to an employer in as little as two days subsequent to CDPH hearing request being sent. Now, employees knowledgeable about these provisions in the Internal Revenue Code (IRC) will be able to get all of their pay while the hearing is pending. Almost anyone can bring a halt to an IRS levy by timely requesting a CDPH hearing as provided in 26 U.S.C. § 6330(b)(1). I make available the forms to competently request a CDPH hearing in a situation where the statutorily required notice has not been sent at www.irsterminator.com.

When you receive the notice, it is VERY 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:

“The notice required under paragraph (1) shall include in simple and nontechnical terms-
(B) the right of the person to request a hearing during the 30-day period under paragraph (2);”

However, if the IRS never served you with the required notice, it is impossible to find out when the 30 day period begins and ends. The free videos at www.irsterminator.com explain how to inform the IRS that their failure to serve you with the statutorily required notice renders your request for a hearing timely and entitles you to the suspension of collection activities including the levy at your bank or employer. Discussed on those videos are plans that I have come up with to keep collection activity suspended permanently which is the challenging part.