Small Business Law

There are many legal pitfalls throughout the life cycle of a small business. You need sound legal advice during these periods. As your attorney, I focus on your needs while keeping your goals and expectations in mind.

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Release of IRS Liens, Levies and Wage Garnishments

As you may have recently learned, tax debt can lead to a tax lien on your home or other property that can ultimately force you to sell or lose your property altogether. IRS collection efforts might even result in the levy of your bank account or the seizure of wages directly from your paycheck.

If the IRS or Commonwealth of Pennsylvania is threatening you with such efforts, you need to contact an experienced attorney immediately. The lack of a response will be interpreted by the IRS as a green light to go ahead and seize property. If you contact me, I will act swiftly and aggressively to ensure the best resolution of your case. There are ways to prevent the seizure of property and ways to release it when the property has already been seized. I have over a decade of experience representing individuals in and out of court. I will personally work with you to ensure that your property is protected.

Unlike most other creditors, the IRS has extraordinary power when it comes to levying against your property and placing a lien on your house. A federal tax lien occurs automatically once three criteria are met: (1) assessment; (2) notice and demand; and (3) failure to pay. The IRS is not required to file a lawsuit against you and obtain a judgment before it can place a lien on your real estate. Furthermore, it can levy your property, meaning that it can seize your property whether it is in your possession or in the possession of a third party such as a bank.

The IRS has made the collection of delinquent and unreported taxes a high priority. The agency’s budget allocated towards collection efforts has increased significantly in the last decade. The agency has increased the number of Revenue Officers and other personnel dedicated to collecting delinquent taxes. Over the same period of time, it has developed new technology and software intended to identify delinquent taxpayers and non-filers.

Despite the IRS’s efforts to collect and enforce, you have important rights, including Collection Due Process (CDP) rights. As part of the IRS Restructuring and Reform Act of 1998, the IRS introduced new taxpayer protections, generally referred to as CDP rights. These rights require the IRS to provide you with a final notice, known as IRS Form 1058, of the agency’s intent to issue a lien or levy of the taxpayer’s assets. This is a time sensitive notice which should be treated with care. Upon receipt of this notice, the taxpayer has 30 days to file a request for a CDP hearing. The time period cannot be extended by consent or otherwise.

In addition to CDP rights, taxpayers have other options to protect against the attempted seizure of their property, including an offer in compromise and bankruptcy.

That is why it is vital to contact an experienced attorney who has your best interests in mind. No matter where the IRS is in the collection process, I can step in and help prevent or remove liens, levies and wage garnishments and help protect you from abuse of power by the IRS.

Call 215-344-8343 or contact me by e-mail to arrange your free consultation with a Philadelphia tax controversy attorney.

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