Can an IRS Levy on Wages be Stopped? Yes, I say!

Posted on: September 10, 2009 by: admin

Clarence Thomas

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I came across a classified ad on the internet that was captioned, “Can You Afford an IRS Wage Garnishment?” The ad claimed that the organization provided all 50 States, including Hawaii and Alaska, with IRS tax debt relief. That didn’t seem to be that big of a deal considering that the IRS operates under Federal law that is the same for all 50 states.

The organization boasted a flat fee of $600 to get an IRS levy released and claimed that if they could not get the IRS wage garnishment or IRS levy released within 5 business days that no one could. As I read that, I thought about the time that my then girlfriend got a notice of levy at work. I used the provisions of 26 USC § 6330 and within one day, maybe two, the IRS had faxed a release of levy to her work. That was over a year ago and she continues to receive her full paycheck to this day. I was so impressed with the result that I put up www.irsterminator.com with 9 free videos 2-10 minutes long explaining what I did and offering a research package for $277 which includes sample forms so that anyone in the same situation could do for themselves what I did for her.

If you have questions like: “How do I stop an IRS Wage Garnishment?”; “How do I stop a IRS Wage Levy on my pay check?” or, “How do I stop an IRS Wage Garnishment if I am on Social Security?” you might want to visit my webpage and see how I did it.

The classified ad I saw pointed out that there are requirements that the IRS must meet before they can start an IRS Wage Garnishment or IRS Wage Levy. They point out that the IRS must have assessed your IRS Tax Debt and then have sent a Demand for Payment. I agree with that because I know that 26 USC § 6331(a) reads in pertinent part, “If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to such person…” This is where they got the comment in the ad that you must have, “neglected or refused to pay” your IRS tax debt. They don’t mention in the ad that there is no statute that specifically makes anyone liable for the income tax and that the Circuit Courts are not in agreement as to what the liability statute is. Neither do they mention that there is a “…traditional canon that construes revenue-raising laws against their drafter. United Dominion Industries v. United States, 2001.SCT.0000100 ; 532 U.S. 822 (2001) Justice Thomas, concurring; see also Leavell v. Blades, 237 Mo. 695, 700-701, 141 S. W. 893, 894 (1911) (“When the tax gatherer puts his finger on the citizen, he must also put his finger on the law permitting it”).

They did mention that the IRS must send what is called Final Notice of Intent to Levy and Notice of Your Right to A Hearing though, and, that they must do so at least 30 days before the IRS Wage Levy / IRS Wage Garnishment. You can tell that I am pretty smart when it comes to this because I recognize what they are saying, and, I know that they got that from 26 USC § 6330(a)(3).

The ad does mention that the IRS is only required to send the Final IRS Levy Notice (Final IRS Wage Garnishment Notice) to your last known address. What they don’t mention is how often the IRS sends no notice whatsoever to any address. Nor do they mention how to trap them on the issue and catch them in a lie. My package includes a strategy for doing both. My package will work equally well on an IRS levy on your bank account. Stop by my site, watch the videos, download my package, and be ready to block any IRS levy that comes your way.

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