Tuesday, April 12, 2016

ADVANCE TAX RELIEF (IRS vs VINATIERI) www.advancetaxrelief.com

GETTING THE IRS TO RELEASE A LEVY: UN-FILED TAX RETURNS.
When the IRS levies your wages or accounts, it is usually to get your attention.
There is something the IRS wants that you have not provided – it could be a financial statement, estimated tax payments, or getting in compliance on un-filed tax returns.
And to get the levy released, the IRS is usually going to condition it on, say, getting your un-filed tax returns in first. The IRS tells you that they operate on a “compliance first, levy release second” basis.
But what if you cannot get the unfiled tax returns prepared quickly enough to get the levy released when you need it, which is now?
The levy is causing an economic hardship to you – preventing you from paying your bills – while you work to get the tax returns prepared.
But the IRS does not care – the are standing pat – all returns filed, no exceptions, no levy release.
There is help out of this bind.
The U.S. Tax Court, in the case of Vinatieri v. Commissioner, 133 T. C. 892 (2009), held that the IRS is required to release levies even if tax returns are not filed, provided it can be proven to the IRS that the levy is causing an economic hardship to you.
In the Vinatieri case, the IRS sent Kathleen Vinatieri a Final Notice of Intent to Levy, putting her on notice that they wanted to levy her assets. Ms. Vinatieri responded by telling the IRS that any levy would prevent her from paying her bills. She requested a hearing with an IRS appeals officer, known as a Collection Due Process Appeal.
At the hearing, the Ms. Vinatieri provided financial information to the IRS verifying that if her income was levied, she would be in economic distress. The IRS appeals officer agreed that Ms. Vinatieri could not afford a levy, or to make any payments to the IRS on her debt, and that a levy would create an economic hardship to her. This qualified Ms. Vinatieri’s account to be placed in currently un-collectible status, with the IRS leaving her alone and not levying.
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"My husband lost his job and the IRS was garnishing my wages. I called advance tax relief for help, my wage garnishment was released and we settled with the IRS for $1,200 on a $48k debt. Our family is very grateful" - Shirley W, Tampa FL.

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