• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Irs

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Banned

Junior Member
Florida.

I have an IRS Tax lien judgement against me. The 10 year statue of limitation has expired over 9 months ago but the IRS is still trying to collect by keeping the money due to me on my tax return. How can I get that money back and stop the IRS from taking my money?
 


irsos

Member
Florida.

I have an IRS Tax lien judgement against me. The 10 year statue of limitation has expired over 9 months ago but the IRS is still trying to collect by keeping the money due to me on my tax return. How can I get that money back and stop the IRS from taking my money?
First, you need to be certain the collection statute has run. There are certain things that toll the statute. It does not begin running until the return is filed or 04/15, whichever is later.
 

Banned

Junior Member
A notice of dificiency was dated April 30, 1997. I filed bankruptcy on August 20, 1997. I received a discharge on December 12, 1997 but the tax lien was not disharged.
 

irsos

Member
A notice of dificiency was dated April 30, 1997. I filed bankruptcy on August 20, 1997. I received a discharge on December 12, 1997 but the tax lien was not disharged.
The tax would not have been assessed for at least 120 days from the stat notice. The BR tolled the statute for the time in BR plus six months. Therefore the earliest the SOL expires is about June of this year, plus or minus a month. Could be other things to extend it - like an Offer in Compromise or Application For Taxpayer Assistance Order.
 

Banned

Junior Member
Thanks

no Offer in Compromise or Application For Taxpayer Assistance Order.
How can I check the actual date of expiration.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top