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i.r.s. levy on wages

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how can i stop an i.r.s. levy on my wages? i live in n.j.



Levy on wages

You can stop the levy by paying all the tax due. If you can not do that, then you still have a chance. The following is the law the IRS follows in these matters.

If the IRS wrongfully places a levy and seizes property, it may return the property seized, proceeds from the sale of the property, or the amount of money levied. The IRS will consider such an action only on written request from the taxpayer/property owner. (IRC section 6343(b)) If the IRS does return property or money, it does so with interest at the standard overpayment rate. (IRC section 6343(c)) The IRS also has the option of returning, without interest, property, including money deposited in the U.S. Treasury, that has been levied on, if it determines that:
• the levy was premature or otherwise not in accordance with its administrative procedures;
• the taxpayer has agreed to pay off the underlying tax liability in installments, unless the agreement provides otherwise;
• the return of the money or property will make collection of the underlying tax liability easier; or
• the return of the money or property is in taxpayer's best interests, as determined by the National Taxpayer Advocate, and the IRS has the National Taxpayer Advocate's consent. (IRC section 6343(d))

At any time before or during collection action, taxpayers who believe the pending collection action will create a significant hardship can apply for relief by submitting an "Application for Taxpayer Assistance Order (ATAO) to Relieve Hardship." The IRS National Taxpayer Advocate will review the application and, if appropriate, take steps to relieve the hardship. An ATAO can be made on either a Form 911, "Application for Taxpayer Assistance Order to Relieve Hardship," or on a statement specified in Reg. section 301.7811-1(b)(1). (IRC section 7811(a)).

You can get form 911 at: http://www.irs.ustreas.gov/forms_pubs/index.html.

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