Ways To Get Out Of Debt

Posts Tagged ‘stop’

26 U.S.C. § 6330(e) includes a provision that is little celebrated and underutilized by folks facing off with an IRS levy of their bank account or pay. That subsection provides in pertinent part:

“(e)  Suspension of collections and statute of limitations
“(1) In general
“… if a hearing is requested under subsection (a)(3)(B), the levy actions which are the subject of the requested hearing…shall be suspended for the period during which such hearing, and appeals therein, are pending…”

The suspension of collection activities by timely making a request for a Collection Due Process Hearing (CDPH) is a highly effectual technique to stop an IRS levy on a financial institution such as a bank or credit union or paycheck. I’ve applied this provision to obstruct an IRS (Internal Revenue Service)  levy in as little as two days. I recently put an observation in my shopping cart that even a dancing bear could end an IRS (Internal Revenue Service)  levy by a timely request for a CDPH hearing as Congress provided in 26 U.S.C. § 6330(b)(1).

Nonetheless, a dancing bear would not be able to keep IRS (Internal Revenue Service) collection activity postponed and most likely neither would most of us. In spite of all the delays while appeals are pending; and in spite of being able to retrieve any cash you had in the bank when the Notice of Levy arrived from the IRS; and in spite of receiving full paychecks during those delays; sooner or later, the end of the line will take place and the  Internal Revenue Service will proceed with collection activities as they were before the hearing was requested. When this happens almost all the people will be right back where they started off; looking at a garnishment by the Internal Revenue Service. It is because of this harsh reality that I posted nine, no obligation videos, 4-10 minutes long at www.irsterminator.com talking about strategies I have researched out that make keeping Internal Revenue Service collection activities suspended indefinitely a very real prospect.

There are two aspects to winning a CDPH hearing: 1) Taking affirmative strategic action with the end being to prevail in the hearing as I talk about in the videos referenced above; 2) Avoiding bringing up issues that would cause you to lose the hearing. Keeping away from losing topics is a matter of doing a little study and reviewing what issues have been raised in the past that lost.

Rohner v. U.S., 2003.NOH.0000145 (N.D.Ohio 2003) is the case that I will address in part in this article. Rohner lost his Collection Due Process hearing and appealed to the Federal District Court. I was able to find his case by searching the District Court data base at www.versuslaw.com. I made an hour and forty minute video about how to use Versuslaw to do research and that video is available for you to learn to do online legal research too at www.bearscart.com in the “law study” category.

In the section of the Court’s decision entitled “Factual and Procedural Background” the Court recounted:

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This video is from the show Open House on CNN. Homeowners in trouble facing short sale or foreclosure should be careful when answering to unsolicited mail, phone calls or emails. A HUD representative and a legal services representatives explain what homeowners should watch out for and what to do. More info at: sccrealestateuncensored.com/2007/foreclosure-scam/ micasamidinero.com/2007/foreclosure-fraude/

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This video is from the show Open House on CNN. This video briefly explains what some tax & credit consequences homeowners may face after a short sale or a foreclosure. Consult with a CPA or your attorney for specifics. More information at: sccrealestateuncensored.com/2007/shortsale-foreclosure-pt4/ micasamidinero.com/2007/shortsale-foreclosure-pt4/