Another CtC success story!

[Joey Smith]

DrCrimwitt


13 Posts
Posted - 05/18/2007 : 5:26:28 PM
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Well, I filed the 4852 with the 1040 form and my employer gives me this notice of levy form that the IRS sent them. The amount they say I owe is what was taken from me in the first place. These people are nefarious scum balls. Now what do I do? I need to address this issue immediately. Is there a letter I can send them that would get them to back down? How is it that others are receiving refunds? What am I doing wrong? I've read the book and put into practice what was said.

I guess I'm at my wits end.

I have a pdf file of what was given me. Anyone know how I can upload this so you can see it?



Horse


5 Posts
Posted - 05/18/2007 : 6:25:33 PM
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Did you receive 10 day notice of intent to levy?

Did you receieve 30 day notice of intent to levy?

Did you receive Notice of Lien?

Those are notices that warn you before they levy. Did you receive a CDPH notice with the 30 day Notice of Intent to Levy?






DrCrimwitt


13 Posts
Posted - 05/18/2007 : 6:46:19 PM
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No to all those.


MissouriMule


541 Posts
Posted - 05/18/2007 : 6:49:25 PM
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You are not alone.


Horse


5 Posts
Posted - 05/18/2007 : 7:01:13 PM
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quote:
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Originally posted by DrCrimwitt

No to all those.

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Well, I believe the Notice of Levy says they have a filed a lien. Read it carefully and you will see it. Before they can lien they had to have notified you of the 10/30 day notices of intent to levy.




DrCrimwitt


13 Posts
Posted - 05/18/2007 : 7:15:21 PM
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I believe this form only goes to a business to instruct them to garnish wages. However, in order for the IRS to do this they have to have a court order, correct?


buddy


918 Posts
Posted - 05/18/2007 : 8:28:36 PM
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quote:
-------------------
Originally posted by Horse

Did you receive 10 day notice of intent to levy?

Did you receieve 30 day notice of intent to levy?

Did you receive Notice of Lien?

Those are notices that warn you before they levy. Did you receive a CDPH notice with the 30 day Notice of Intent to Levy?


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quote:
-------------------
Originally posted by DrCrimwitt

No to all those.

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quote:
-------------------
Originally posted by DrCrimwitt

I believe this form only goes to a business to instruct them to garnish wages. However, in order for the IRS to do this they have to have a court order, correct?

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The IRS seizes assets all the time, with or without court order. In another recent topic the Bull case was discussed which states that they can take without a court order under the reasoning that their administrative procedures affords appropriate due process.

You, it appears, received no due processes at all.

but first, back this up all the way to the beginning. Did you receive a notice of deficiency? This is their proposed settlement of the issue, in other words the "assessment" and the deficiency against it. After this is received you can go into examination and contest any deficiency against the assessment. Proof of assessment/deficiency rests on their shoulders, not yours. This phase deals with the amount owed, if any.

If you have received none of the above (and even if you did receive the notice of deficiency) then, because of lack of notice, their collection procedure has been violated and you have been denied some sort of due process (the CDPH - Collection Due Process Hearing). This phase deals with the method of collecting an amount deemed owing.

Contact the Taxpayer Advocate and, if he acts properly since you have not had the opportunity for, at the least, the CDPH, you should be able to get back to the appropriate collections procedure which affords you some type of due process. Even better, if you didn't receive the NOD and Assessment then you should be able to back this up all the way to the beginning and enter the examination phase.

Good luck........

[webhick]

Let me get this straight, DrCrimwitt (which I initially read as DrDimwitt - my bad) tried to correct his W-2, probably got the FICA and FWT withheld refunded to him erroneously and now they're going to have his employer garnish his wages to get the money back. Sounds okey dokey to me.

Then he lies and says that the IRS never notified him, but went straight to his employer.

And...he's claiming the evil government are scum?

Pot. Kettle. Black.

[notorial dissent]

Reminds me of the quip Mark Russell made about not needing a gag writer as long as Congress was in session.

[ASITStands]

I can't get over the sequence of posters:

DrCrimwitt

Horse

DrCrimwitt

"Mule"

DrCrimwitt

Horse

Buddy

etc.

Saturday Morning Funnies! How many 'jackasses' does it take to file a CtC return? Or, how many to post a thoughtful comment?

[gezco]

How many 'jackasses' does it take to file a CtC return?

5? One to hold the pen and four to move the desk.

[Quixote]

As usual the CTC warrior has supplied way too little information to tell what's going on. The concept of time, as well as that of cause and effect, seems to elude them.

[hartley]

As usual the CTC warrior has supplied way too little information to tell what's going on. The concept of time, as well as that of cause and effect, seems to elude them.

Exactly. And while it is *possible* that he failed to receive any one of the notices IRS sends out before notifying the employer of a levy, the most common reason for that is because the taxpayer put the wrong address on their 1040. And even then it's rare.