Hi, y'all....
Here's the link to IRS:
http://www.irs.gov/individuals/artic...=97266,00.html
Here's the text:
Tax Regulations - Section 3445 - Procedures for Seizures of Residences and Businesses
Overview
The provision amends section 6334(a)(13) relating to exemption of principal residences by exempting residences (any real property used as a residence of the taxpayer or other individual (except real property that is rented)) from levy if the amount of the levy does not exceed $5,000. It also exempts the taxpayer's principal residence and tangible personal or real property used in an individual taxpayer's trade or business (other than rental property). This provision amends IRC Section 6334(c) to allow for levy on principal residences when approved by a district court. It also allows for levy on business assets where the district director (DD) or assistant district director (ADD) personally approves, in writing, such levy and determines that the taxpayer's other assets are insufficient to pay the amount due, plus expenses of the proceeding, or when counsel approves a jeopardy levy.
Reference
IRM 56(12)1.1(5) and 56(12)1.2
Requirement
Except in cases of real property that is rented, a revenue officer cannot seize residential property when the levy amount is less than $5,000. District court approval is required for all seizures of principal residences and DD or ADD approval is required of all seizures of individual business assets. The Service is also required to make an evaluation of the availability of other assets - including future income from commercial sale of fish or wildlife - before approval of seizure of individual business assets.
Procedures
The procedures below must be followed to levy on individual business assets:
Follow the provisions set forth in sections 3421 and 3444 relating to the review and approval process.
Submit levy request for approval through all levels of management.
The levy request must be accompanied by a memorandum to the DD/ADD documenting the lack of availability of other assets for collection. The availability of future income from the commercial sale of fish or wildlife must be considered before approval of the seizure of a state fish and/or wildlife permit.
Document history.
Principal Residence Seizure
Court approval is now required prior to seizure of principal residence. At this time, procedures for obtaining court approval have not been developed. Pending development of these procedures, there should be no administrative seizures of principal residence. Instead, consider a suit to enforce the Federal tax lien - see IRM 56(19)2.3.
Me, again:
Don't you love it? Just one more example, and blatant admission, that there are not now, and never have been, "...procedures for obtaining court approval...."
Amazing.
THAT'S the reason the IRS rarely initiates court action: Burden of proof, and all that stuff.
Yet, at the same:
The bastards don't mind one little bit if you or I become the plaintiff simply because things like "rules of evidence" and the such don't matter in "court."
Oh, and yes, it was me who filed the bankruptcy.
Fascinating. Get this:
The alleged tax-debts are considered "secured debts."
The interest and penalities? UN-secured.
Question (that all of us here would ask):
Exactly WHAT is the "security" invovled?
Answer: It doesn't matter because BB, the IRS, and State agents are going to continue doing what they do best: Ignoring the law in order to take our money.
Oh, God. I'm ranting. Hope the link and info helps.
BTW: The thanks for this "tip" goes to a really great gentleman at the IRS here in Virginia.
