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IRS Levy Defense And Release

IRS Levy, Know Tax Collection Procedure

The best IRS tax levy defense and release strategy starts with understanding IRS tax collection procedure.   An IRS tax levy is an involuntary seizure of assets and/or income to pay assessed but unpaid federal tax liability.  Before IRS can levy take your assets/income, IRS must first certified mail you a Final Notice of Intent to Levy, then wait 30 days to see if you file for collection due process rights {see my other articles under Federal Tax Matters discussing these important events in more detail}. 

If you fail to file for collection due process rights, and if for any reason you do not full pay IRS, then IRS will levy take your assets and/or income, typically for starters: wages, bank accounts, investment accounts, automobiles, business accounts receivables, or your income from your business.  

IRS Levy Defense And Release

Without any doubt, your best defense strategy is to stop IRS levy activity by filing {do your filing by certified mail and keep your certified mail filing evidence} for collection due process rights within 30 days from IRS’ first Final Notice of Intent to Levy, and thereafter arguing to IRS Appeals that your tax collection case should be resolved by an IRS Appeal’s accepted collection remedy as an alternative to levy taking your assets/income.   Typical IRS collection remedy alternatives are offer in compromise, installment agreement, penalty abatement, innocent spouse relief, and currently not collectible due to hardship.

If you failed to file your request your collection due process rights and IRS has levied your assets/income, you still may fight for levy release based on hardship.  If you can prove with evidence that IRS’ levy creates a hardship, then IRS must release the levy.  However, IRS does not play nice and fights against levy release routinely.

Hire An Experienced Aggressive Tax Attorney

Don’t go it alone if IRS has levied your assets/income, or is threatening to levy.  Most taxpayers that self represent do poorly and take a much worse IRS thrashing.  Hire an experienced and aggressive tax attorney whom routinely handles IRS tax collection cases.  As a tax attorney and certified public accountant with decades of experience, I know how to defend against IRS collection actions, get levies released, and obtain an IRS accepted collection remedy at the least possible legal fee expense.   I invite you to call me for a free telephone consultation if you owe IRS more than $50,000.
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