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How a Tax Attorney can help Release your IRS Bank Levy

September 12th

An IRS levy is a seizure enacted by the IRS as a means of collecting back taxes. Such levies are typically issued against cash held in savings or property holdings and are typically the result of a miscommunication between the taxpayer and the IRS resulting in high levels of unpaid taxes or tax debt. While IRS levies should be avoided whenever possible through punctual tax payments and communication with the IRS, if the worst does happen, a tax attorney can be the best means of getting the levy released.

 

Be Timely

First and foremost, the IRS tax levy must be appealed during the first twenty-one days of notification. Even with the assistance of a certified tax lawyer, you will need to operate with haste in order to beat the deadline.

It is therefore generally a good idea to begin collecting information as soon as you are notified. It is important to get the name and contact details of the person at your bank responsible for managing your levy at the same time that you are notified.

File for a Collection Due Process Hearing

A tax attorney can appeal your IRS bank levy by requesting a Collection Due Process hearing with the IRS. There are a few common defences that are used in such cases to convince the IRS to lift the levy.

Most commonly used is the defence that the taxpayer will suffer financial hardship if the tax levy is not lifted. In such instances, the taxpayer must prove that they will be unable to meet their basic needs should the levy not be lifted.

A tax attorney might also use the similar defence that the taxpayer requires lenience, because they were in bankruptcy at the time that their record was assessed. When a taxpayer is facing bankruptcy at the time of an assessment, the IRS is required to allow for leniency on any tax debts the individual may have accrued.

 

 
 
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