Another LostHeader goes down the crapper

[Joey Smith]

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Joined: 21 Jan 2008
Posts: 11

Posted: Thu Jun 05, 2008 10:02 pm Post subject: Fed levies state refund

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I received a state form labeled as: IT-290

Tax year: 2007
Doc loc: XXXXXXXX
Batch number: XXXXXX

The following agency (agencies) has made a claim against your New York State tax refund to settle amounts owed by the individual(s) with the social security number(s) listed below:
Internal Revenue Service for outstanding federal taxes - IRS Andover

SSN: XXX-XX-XXXX

The Internal Revenue Service has notified us that, in accordance with section 6331 of the Internal Revenue Code, it has levied upon your state tax refund(s) to pay toward your federal tax debt.

WE CANNOT DETERMINE IF YOU OWE THE DEBT OR WHAT YOUR CURRENT BALANCE MAY BE.

If you have any questions whether you owe the debt, or you believe the agency took your refund in error you MUST contact the agency as indicated below in this correspondence.

We are required by state or federal law, or both, to forward the refund amount below as follows:

Net Refund $XXX.XX
Amount to Internal Revenue Service - IRSAWI $XXX.XX

Refund remaining $0

Although we credited your refund to the debt as of the date of this notice, the agency shown below will not actually receive the funds for at least four weeks from that date. If you need to contact the agency immediately, be sure to give them a copy of this notice.

ALL QUESTIONS REGARDING THIS DEBT MUST BE DIRECTED TO:

Internal Revenue Service
Telephone 1-800-829-7650

If your refund has been offset to an IRS debt for which you feel you are not responsible, you must contact the IRS at 1-800-829-7650. New York State Form IT-280 CANNOT be used to make that determination.

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Well I'm just amazed - how do I give them a copy of the notice over the phone? I don't want to call them, I prefer to have written correspondence. Looks like I'm going to have to draw up another response letter stating in 6331(a) "... Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia..." Next year I'll submit the fed return first instead of submitting them both on the same date.

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Richardf614



Joined: 16 Oct 2007
Posts: 615
Location: Ohio
Posted: Thu Jun 05, 2008 11:08 pm Post subject:

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What does this levy pertain too? A CTC return or previous return? Provide more the details.

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djh1



Joined: 12 Dec 2007
Posts: 19

Posted: Fri Jun 06, 2008 1:35 am Post subject:

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i bet they left out paragraph (a) 6331 (a) look into it

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spacebar



Joined: 21 Jan 2008
Posts: 11

Posted: Fri Jun 06, 2008 5:57 am Post subject:

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Yes it was a CTC return of course... However I submitted them on the same date, next time I will submit the federal return first. I can only guess the levy pertains to the previous few years of my CTC returns, with the paperchase (3176, etc etc). I've only received a letter from the state dept of tax regarding this levy. I have yet to hear from the fed IRSS regarding this. So this "levy" is as vague as they can get - just mention 6331 and they will cower! That is probably why they say to contact them by phone - provoking me to make the first move? But I think I'll work on a response letter, but to whom, both fed & state? or just to the fed? Decisions, decisions.

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Richardf614



Joined: 16 Oct 2007
Posts: 615
Location: Ohio
Posted: Fri Jun 06, 2008 8:50 am Post subject:

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So, they are levying you without proper notice or going through the proper
procedures??

This is low!

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jreeves



Joined: 16 Oct 2007
Posts: 5

Posted: Fri Jun 06, 2008 2:54 pm Post subject:

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I had a 'notice of levy' against me one time.
Got the 'Service' on the phone.
Explained to the nice lady that 6331(a) was not included on the form.
I pulled up the 6331(a) and read it to her......
Her response: "Everyone that lives in the united States is an employee of the united States"

good luck.

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Richardf614



Joined: 16 Oct 2007
Posts: 615
Location: Ohio
Posted: Fri Jun 06, 2008 5:56 pm Post subject:

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jreeves wrote:
I had a 'notice of levy' against me one time.
Got the 'Service' on the phone.
Explained to the nice lady that 6331(a) was not included on the form.
I pulled up the 6331(a) and read it to her......
Her response: "Everyone that lives in the united States is an employee of the united States"

good luck.


What definition of United States was she referring too? If, I am an employee
of the United States, then I want my annual pay increase and my benefit
package!!

I think she was smoking some bad weed!
Her opinion means nothing and carries no legal weight. I can say everyone
who has blue eyes is an employee of Santa Claus, is it true?