Last night @kemosabe and I talked about IRS lien and levy actions on a twitter blab. If you missed it, click here to watch.
And if you have questions about IRS liens and levies, please ask in the comments. I don’t publish the comments so they won’t show up on the site, but I will reply (so use a real email address).
My wife is a retired school teacher. I am on social security.
state FTB in California is garnishing us. They ignore all we have submitted to them showing we do not owe the tax they think we do.
Any suggestions on how to stop a state garnishment? We have no lawful obligation to them and have provided to them code, regs, constitution, on and on. I do not think they read what we submit to them. It is easier to use form letters and lien and levy.
I would have to know more about your case to be able to comment on it. You can reach me at lysandervenible at startmail dot com.
GO TO WEVGOV.COM (DAVID MYRLAND) AND HE WILL EXPLAIN TO U HOW TO work thru this unlawful income tax that CA-FTB claims u owe, which I believe u don’t owe.
RICHARD WHITE (A TAX CONSULTANT & AUTHOR) IS ONE WHO CAN HELP U THROUGH THIS AS WELL.
I’m familiar with Myrland’s work. I am not familiar with any cases where Myrland’s arguments have prevailed.
I am having the same done to me and my family. After I read “Cracking the Code” by Pete Fredrikson, I filed my taxes and received full refunds from the state and feds. So, I then submitted corrected forms for the previous 9 years seeking refunds of taxes no properly due. The IRS tried to audit me, the state of California fined me 5000 for frivolous returns and tacked on an additional 5000 and sent my employer a form 2905 (no signature or validation what so ever)ordering them to garnish my earnings for 25689 and my ignorant employer complied even though I asked them to request validation and authorization from the FTB but they refused and stated the matter was between me and the STATE!But they still complied to a fraudulent ORDER when a form WG-022 is “Adopted as mandatory” by the Ca Judicial council. I have sent numerous communication without response also! What is there to do? I have been garnished for over 35000 dollars for two years of taxes? Pretty excessive in my book. The State of CALIFORNIA is out of control!!! I am in foreclosure, cannot afford an attorney and my wages are garnished at 1300 a month at least and more when I work over time. I have seen over 900 taken from a bi-weekly pay check because I worked over time. I am presently paying the second such EWOT which is exactly the same as the first on only lesser amount of 18960 dollars. When I get this paid off I am going to file suit against my employer and the FTB!! DAMAGES galore too!!
For payment of work done by private contract, Nonemployee Compensation was an expense to a corporation and reported on a 1099 for which a NOD was issued to a natural person. No taxable privilege was exercised. No federal gross income was received & No return filed. IRS intimidated a petition to USTC within 90 days. Now what?
Hello James,
Although I have written a book about it, I do not recommend tax court for guys like you who know the truth. How long ago did you get the NOD? and have you filed a 1040 return? Your answers to those questions will determine your options at this point.
You can reply to me at lysandervenible at startmail dot com.
How long is a lien good for after the year in question?
Usually until the collection statute expires, 10 years from the date of assessment.
George: I see it is now just over a year since seeing your predicament with the IRS. Here is something you apparently did not know about the lien or levy of 26 U.S.C. The lien and levy are “controlled” by regulation which is provided by the United States Government Printing Office in a table of parallel authorities. The regulation that controls both the lien and levy is 27 C.F.R. Part 70 which is only for unpaid and delinquent alcohol, tobacco and firearms taxes, not income taxes. The IRS is notorious for citing a 26 C.F.R.regulation which has no force and effect of law since it is not found in the parallel table of authorities. This action by the IRS is known as acting “under color of law”.
I have a lien against me by the irs on job and my credit report.Since then I have been solicited by many attorneys and organizations claiming to help for fees.Along with my job giving them my money.I never went to court never had any due process.How do I right this wrong?
The lien is not a official lien that the IRS falsely and unlawfully filed against you in your county court with a ignorant clerk of the court who ignores the tax laws of 26 U.S.C. and other federal documents such as the Uniform Federal Lien Registration Act. All federal liens of 26 U.S.C. are controlled by 27 C.F.R. Part 70 regulations which is only for unpaid alcohol, tobacco and firearms taxes. Your employer is also ignorant of 26 U.S.C. or he would not be withholding federal income tax on income you receive that is non-federal income, per subtitle C, Chapter 24, Section 3402.
Alvis, now that we know the IRS and Employer shouldn’t be garnishing. Whats the quickest way to get them both to comply and stop the garnishment?
Shane, once a levy has begun there are several things you can do to have it removed, but you will not be able to have it removed without making some kind of payment arrangement. There is no court that is going to agree that you do not owe the money at this point. And there is no court that will agree that the levy is defective. Your strongest argument would be that the levy is creating a hardship. Such an argument would require that you provide detailed financial information to the Service, and set up an Installment Agreement that you can afford. Alternatively you could be declared “Currently Non-Collectible.” But in such a circumstance, you would probably not be working or have many dependents to care for. Contact me if you would like to talk in detail about your possibilities.
I sorry Lysander, I must disagree with you on that no court is going to agree that you do not owe the money at this point. In a Court of Common Law, an affidavit of truth submitted should be all that it takes to get the taxman off your case!! (this is not legal advice)
Well if you can manage to find a federal common law court anywhere, please let me know how to bring a case to it. In the meantime, don’t count on any federal court finding that you don’t owe taxes on your revenue.
In any court a sworn statement should take precedence over an unsworn and unsigned statement? Can tax courts have jurys? IRS agents never sign anything under penalty of purjury.
In an honest court sworn statements would indeed take precedence over unsworn and unsigned statements. But in the US Tax Court the IRS is granted a “presumption of correctness” which the petitioner must overcome with evidence. And sadly, personal sworn testimony, subject to cross examination, is generally rejected as “self-serving” by the court, so that the IRS presumption will stand. It is a rigged game, but once you are in it, there’s not way to play except the way they want you to.
your link to the vide does not work.
https://blab.im/robert-badgett-irs-levies-and-liens-what-you-should-know
I get 502 error. Can you send a correct link to watch
I’m sorry, that interview seems to have been lost permanently.
OK, I was the victim of identity theft in 1993, 1994,whereby someone,using my name and SSN was trading stocks and bonds which generated 1099s to the IRS. I held off filing a tax return, pending correspondence and resolution with the IRS to investigating the identity theft. So they filed a SFR,and came after me for the “taxes owned.” Long story short, the Revenue Officer accused me of stashing profits from the fictitious “trading” in offshore bank accounts, and told me if I didn’t admit to having these non-existent bank accounts, he would tie me up for the rest of my life. That was in 1998, and the IRS has drained funds from my bank accounts, then filed (starting in 2004), refiled, and refiled again NOFTLs on my property, took me to court and of course, won the case against me. I have tried everything I know to get them to remove the liens using everything I could, including contacting IRS taxpayer help orgs, the TIGTA, Congress critters and even the President. I recently filed a Petition in Tax Court, but it was DISMISSED FOR LACK OF JURISDICTION for all the years including 1993 through present year. BTW, I stopped filing tax returns in 2006 at age 62, because they already had me owing more than I could ever pay off in this lifetime. Any recommendations on what I might try next on getting NOFTL removed so I can sell my home.