From the gov!

Dear Eric;

You wrote in an old e-mail:

" Years ago Wells Fargo Bank released, without notification funds to the IRS. I ran out of gas twice that day..."

Based on my experience in working with a tax attorney when a bank receives notice of intent to levy the only funds which can be transferred are the funds in the account on the day of receipt of the levy. Secondly the bank has 21 days before they are required to send the money. Thirdly the IRS sends a certified delivery notice requiring a signature from the taxpayer informing them of this action. If you did not receive notice of the levy from the IRS then you may have moved from the address you were at to a new address in between tax returns filed.

We have stopped levys from going through and having the funds sent to the IRS when the underlying reason for the levy was addressed. This is usually back taxes being owed or the IRS doing a self generated tax return when none is filed to match up with w-2's filed by an employer and back taxes being owed.

The simple solution is getting the missing tax returns filed and an installment plan set up or whatever is required. This is why there is a 21 day delay. In addition, if an attorney, who is registered with the IRS submits a power of attorney on behalf of the taxpayer and speaks with the IRS a temporary delay of up to 2 weeks can also be granted to the attorney providing further time to fix whatever needs fixing.

IRS tax agents like to get cases cleared - give them a reason to clear a case based on regulations or a taxpayer financial hardship situation with documentation and the IRS will clear a case - set up an installment plan and take some minimal amount in an installment plan or even declare temporarily uncollectible.

Ron Getty
SF Libertarian