Can the IRS levy your wages no matter what?

I have been talking to a couple in the State of Tennessee the last few days who have been slammed by the IRS to the point where they face eviction from their home, having had most of their pay levied by the IRS.

When I first talked to them, they were unable to send us a retainer that would enable us to handle their case for them, so I told the Mrs. to call the Taxpayer Advocate Service and explain their hardship.  They were unceremoniously told they couldn’t be helped because they hadn’t filed their tax returns for a few years.  I told them to call the TAS back and tell them they were wrong and should help them.  They got stonewalled.  At least the second person wasn’t quite as arrogant as the first, but they threw them down at the feet of the IRS collection system instead of helping them.

On March 29, 2011, Nina E. Olson, the National Taxpayer Advocate wrote a Memorandum to her employees, across the country, emphasizing the fact that the Internal Revenue Code requires them to help folks such as these.

“Tax Court held that if, during a Collection Due Process (CDP) levy hearing, the taxpayer establishes that the proposed levy will create an economic hardship, the IRS cannot proceed with the proposed levy action, even if the taxpayer has not filed all returns that are due.” - Nina E. Olson, National Taxpayer Advocate

There is no quibbling over the intent of the memo. It is very clear.  WHY ARE NINA’S OWN EMPLOYEES SO BADLY TRAINED?  This isn’t the first time I have been made aware of this attitude.  On one occasion, I called her national office and my client was almost immediately helped and avoided a Christmas Eve eviction from her Brooklyn, NY, apartment.

Click here to read it for yourself.  We must stand strong against the abuses of the Internal Revenue Service!

Jerry W. Slade, EA

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206-780-0536

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