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IRS Tax Lien

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Hello all,

 

I have just started to get my problems worked out with the IRS. They have levied my bank account for $3500.00 and I owe about $48,000.00 with taxes, penalties and interest.

 

I have submitted an Offer in Compromise, but IRS has issued a lien at my local court house already. I found out because a Tax Attorney sent me a letter offering services.

 

If the IRS accepts my offer in compromise, can I have the lien taken off? It has not shown up on my credit reports yet, but I am sure that it will. My credit is perfect otherwise.

 

If they do not accept my offer, can I still have it taken off in some way? I have been reading through the board and I just purchased my home so I will not be moving for quite some time so I am not sure if I will be able to dispute it off once it shows up :(

 

 

Thank you for any info/advice,

 

TB

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From what I understand, and I'm dealing with this also. My OIC has been going on for about 4 years now and I haven't read anywhere once they accept it, it is removed from your CR. Once you pay it it will stay on your report for about 10 years unless you have it vacated through the court system. I'm using the tax clearance center to help me resolve my issues.

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A lien placed with the county can't be revoked, only another book/page added that says "released" and points to the original book/page.

 

It's actually seven years from the release date, or less if your state (like NY) has less years.

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Would like to respond but need more info.

 

Who prepared the OIC?

Have you already retained an Enrolled Agent? (If not, I recommend it, they would be able to assist in getting the lien withdrawn, at least temorarily)

As I understand the process, OIC's require that all of your taxes have been filed to date and that you will not owe any taxes for the current tax year (that enuf taxes are currently being deducted out of your paycheck for this year)

 

http://www.irs.gov/businesses/small/articl...00.html#release

"Withdrawing Liens

By law, a filed notice of tax lien can be withdrawn if:

 

The notice was filed too soon or not according to IRS procedures,

You entered into an installment agreement to pay the debt on the notice of lien (unless the agreement provides otherwise),

Withdrawal will speed collecting the tax, or

Withdrawal would be in your best interest (as determined by the Taxpayer Advocate), and in the best interest of the government.

We will give you a copy of the withdrawal, and if you write to us, we will send a copy to other institutions you name."

 

Here's some addtl info that might help:

http://www.carreonandassociates.com/articl...es/taxliens.htm

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A levy placed by the IRS can be removed by the IRS through time on the phone or the Taxpayer Advocate. I have gone through three of them and all three of the levys have been removed within 24 hours of placement. It was a lengthy day on the telephone with the first two occasions...don't think it will be a quick ten minute call.

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A levy placed by the IRS can be removed by the IRS through time on the phone or the Taxpayer Advocate. I have gone through three of them and all three of the levys have been removed within 24 hours of placement. It was a lengthy day on the telephone with the first two occasions...don't think it will be a quick ten minute call.

 

Can you elaborate? I called the Taxpayer Advocate and of course, they said they couldn't do anything about it. Could you provide an idea of the process you went through?

 

Thank you (and to all),

 

T

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Would like to respond but need more info.

 

Who prepared the OIC?

Have you already retained an Enrolled Agent? (If not, I recommend it, they would be able to assist in getting the lien withdrawn, at least temorarily)

As I understand the process, OIC's require that all of your taxes have been filed to date and that you will not owe any taxes for the current tax year (that enuf taxes are currently being deducted out of your paycheck for this year)

 

http://www.irs.gov/businesses/small/articl...00.html#release

"Withdrawing Liens

By law, a filed notice of tax lien can be withdrawn if:

 

The notice was filed too soon or not according to IRS procedures,

You entered into an installment agreement to pay the debt on the notice of lien (unless the agreement provides otherwise),

Withdrawal will speed collecting the tax, or

Withdrawal would be in your best interest (as determined by the Taxpayer Advocate), and in the best interest of the government.

We will give you a copy of the withdrawal, and if you write to us, we will send a copy to other institutions you name."

 

Here's some addtl info that might help: http://www.carreonandassociates.com/articles/taxliens.htm

 

A service (Washing Tax Service) prepared the OIC for me. They made sure that all my taxes were filed that were supposed to be and I was up to compliance before the OIC was filed.

 

Frankly, I am really upset about this as I have made every possible effort to clear things up with the IRS so that my credit would not be ruined. Now, I guess I get to look foward to my credit cards either getting revoked or skyrocketing interest rates on them :(

 

T

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I learned about the first levy when I was checking the automated account information. I had just made a $4K deposit and had checks written against it that included a vehicle payment and lease on the residence. In short, I was able to make a viable claim of disability if the levy was permitted to remain in place.

 

I also had some unique circumstances on the amount that was claimed as being owed since I had never gotten the notice of deficiency and the levy served as the first notice of a problem. (The original set of documents had gone to an old address).

 

The second and third levy attempts came while I was in active discussions with another section of the agency. Those two came off a little more quickly. It was all about persistence. Taxpayer Advocate got me a 60 or 90 day stay after the first one...

 

Beyond that I really cannot offer much in the way of guidance. I really do think that a lot of it has to do with who you get put in touch with when they finally put a live person on the line.

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DH's coworker had a tax lienfor $10,000.00, and had it removed by some guy who does credit repair. I think she paid like $500.00. I don't know what measures he used, but sounds fishy to me.

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JMHO, you might consider retaining an enrolled agent or depending on how complicated your situation is, a tax attorney. Back in '99, I had an IRS Levy (from '88); just started a new job, a month into it, wages garnished. IRS had been sending the notices to a 10 yr old addy even tho I was filing from a current addy. The actual debt was about $1,500, after penalties, interest over 11 years, it had skyrocketed to $22k. I was working the kind of job where you could be eighty-sixed if you had garnishments. Got the heads up from payroll where I worked, called an enrolled agent (yellow pages), told him what happened, he faxed over power of attorney, we did a 3-way to the IRS - I gave him permission to represent me, he faxed POA over to IRS, spoke with whomever, by end of day he faxed the withdrawal over to me and I gave it to payroll and the levy was withdrawn. It is my understanding from the enrolled agent that it takes IRS awhile to accept the OICs (up to 6 mos.). One of the things the enrolled agent said the IRS wants to see is that you are able to abide by the OIC, so they want to see steady income and no current taxes due. Since I had just started the job, he suggested I wait until 1 year and then consider an OIC. The payments arrangements he made for me were really reasonable. He got the interest and penalties reduced by half because the IRS was sending the notices to the wrong addy.

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I wouldn't be relying on a 7-year-old thread for anything. You need more current information.

 

Moderator, can you please close this topic?

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