September 30, 2009
email mailing list AZ
email mailing list AZ

Before the IRS can take your property, whether cash or your table dining room, it must comply with the Constitution. In the fifth amendment to the IRS can not deprive you of your property without due process of law. This means that the IRS must give you thirty days in advance they'll take your money and / or other property, and you must provide the opportunity for a hearing. The governing directive can be found in Treasury regulations section 301.6331-2 (a) (1). Under this regulation "the notice must be given in person, be left at the dwelling or usual place of business of the taxpayer or be sent by registered or certified mail to the last known address of the taxpayer. "
In most cases, the IRS is careful to comply with these legal requirements and will not send a notice of intent sunrise and notification of your right to a hearing before they empty your bank account. However, the IRS is a huge organization dealing with hundreds of millions of taxpayers, and sometimes the notice does not go out. Then there is the question of sending the notice to the wrong address. It happens.
Example – In 2002 you lived at 123 Elm Street in Toledo, Ohio. In 2003, the IRS has determined that you owe $ 10,000 for tax year prev. In 2003 you moved to 789 Boulevard Dover in Dover Delaware. You've filed your taxes on time in 2003, 2004 and 2005, reflecting your new address. After sending a half-dozen letters at 123 Elm Street, in 2006, the IRS sent by registered mail a notice of intent to rise at the same address – 123 Elm. Since you currently live in Dover, Delaware, not Toledo, Ohio, never receive the notice of intent to levy and therefore can not respond. The levy is illegal. The IRS has your current address known, but for some reason it sent to the residence requirement.
So they took your stuff but do not give the real information. In short, they can not do that and you should ask for your money. The procedures for claiming your money is contained in U.S. Treasury regulations, section 301.6343-2.
According to this article, you simply need to write a letter (no special form to fill) in the "Special Procedures staff in the district of the Internal Revenue where you live. If you need the address of the IRS to call 1-800-829-1040 or try to find online. The letter must contain the following information:
1. Your your name and address
2. A list of properties they
3. The date of levy
4. A statement explaining why you think the tax was illegal.
As with most of your important rights if you do not exercise them early, you lose them. If the IRS took the money your bank account you have nine months from the date of the levy to mail the letter mentioned above. The same time limit does not apply property, which the IRS may return at any time.
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