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Pastimes : Clown-Free Zone... sorry, no clowns allowed

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To: flatsville who wrote (51632)12/27/2000 3:39:55 PM
From: Ilaine  Read Replies (2) of 436258
 
You guys calm down. There is a due process provision prior to levy by the IRS - if the IRS sends you a notice of deficiency you have 90 days to challenge it in the Tax Court. There are a few exceptions - if the amount due is shown on the return the taxpayer filed, if the amount due is the result of a mathmatical error by the taxpayer, or if the IRS determines that there is a risk that delay would prejudice collection. In all other cases, the IRS can't proceed to collection until the 90 days have passed. Even then, the tax payer has the right to pay the tax and pursue administrative procedures for a refund.

Further, as you state, it is the practice of the IRS to attempt to set up an installment payment plan. They also may be willing to compromise under the right circumstances. So having your payroll garnished is really a last resort. They probably already seized the guy's bank account.

The IRS actually goes to a lot of trouble to get people to pay without having to seize assets. There used to be a right to an administrative hearing when they filed a notice of lien, but I haven't kept up with the recent changes so am not sure about that.
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