Help - Form 668-W(o)

[ooak]

My wife just received a letter from her employer with the attached IRS form "Notice of Levy on Wages, Salary, ...". Looks like her employer is going to give the IRS all her salary until the debt is paid, starting with her next paycheck. She is freaked!

[charlesa6]

Originally Posted by ooak

My wife just received a letter from her employer with the attached IRS form "Notice of Levy on Wages, Salary, ...". Looks like her employer is going to give the IRS all her salary until the debt is paid, starting with her next paycheck. She is freaked!

Well, there some members here talk about the IRS all the time, If it's work, I'm not sure. Some of the members will chime in and give you the fact that works not just theory.

[georgealexander]

I will PASTE a piece of a Notice of Levy Liability I sent to a fiduciary.....a PART.

I had mixed several cites from several cases and a little help from my friends.

I sent this letter TIMELY.

An important condsideration is Schulz's victory 1/2005 in applelate court that says something like 'Leins and Levies' have no effect unless steming from a Federal Court order.

Do your own research.

PASTE:

The IRS likes to point out to unaware employers and other fiduciaries that in the Code it states that if they do not comply and levy the wages [or assets] of a non-federal employee or a non-court ordered person, that they can be sanctioned. They use IRC Section 6332(d)(1) and (2), which states in part:

Title 26 USC Sect 6332. Surrender of property subject to levy.

(d)Enforcement of levy.
Extent of personal liability. Any person who fails or refuses to surrender any property or rights to property, subject to levy, upon demand by the Secretary, shall be liable in his own person and estate to the United States in a sum equal to the value of the property or rights not so surrendered...

The IRS fails to inform the same unaware employer and other fiduciaries of the LAW as it exists in the Code of Federal Regulations 301.6332-1(c)(2) that states:

Title 26 CFR Sect 301.6332-1(c)(2)

Any person who mistakenly surrenders to the United States property or rights to property not properly subject to levy is not relieved from liability to a third party who owns the property.

Also be advised that, IRS FLUNKY
does not have enforcement authority for collecting taxes as is required by the Internal Revenue Manual at 1.16.4.3.1. The Internal Revenue Manual which clearly states that all IRS personnel have non-enforcement pocket commissions except those with Treasury Inspection, CID, and 1811 Series agents. IRS FLUNKY has no enforcement pocket commission, therefore no enforcement authority.

Based upon the foregoing statutes, regulations and court cases, unless and until the IRS provides a valid Levy and Notice of Seizure with verification that JOHN DOE consented to the disclosure of his personal tax information as well as a court order, signed by a judge, to EMPLOYER/FIDUCIARY to convert JOHN DOE 's assets as suggested by the Notice of Levy at issue. Therefore, this notice of a levy does not grant the authority for EMPLOYER/FIDUCIARY to levy the earnings of JOHN DOE .

Because of numerous procedural defects in the IRS process relating to this matter, EMPLOYER/FIDUCIARY should seek legal counsel before proceeding with this levy and conversion in the absence of authorized legal documentation.

All fiduciaries are responsible for the assets of their clients and are expected to protect these assets according to state and federal laws. Ignoring the laws for tradition or local rules is not acceptable and any such unlawful action in ignorance or otherwise is subject to appropriate legal remedy.

END PASTE

I was not dealing with an employer.

I am not an ATTORN ey. I am retard. Above for educational purposes only.

without prejudice
George Alexander

[ezrhythm]

I know someone who's employer has received the same notice. He told the employer to disregard it. They haven't heard from the IRS since. I'm not sure if it has been one or two years since the notice was sent.

This is an informative read;

http://www.worldnewsstand.net/law/levy.htm

Wisdom and peace to you in Christ Jesus!

I was a member of a club once and they had some employees so they deposited employee withholding each month at their bank. Once they got a Notice of Levy Liability on this guy and the letter said how much to deposit based on a % of the current pay. The thing is that deposits are lumped together not per name or SS# so how does the IRS know... They don’t till everybody files a return or the w4 or 1099 is sent in.

[ooak]

We are attempting to tell her employer to "just ignore it". Althought I doubt the flunky in the payroll department of a big corporation will do anything except process the request to turn over her money.

Hasn't anybody here ever had their paycheck garnished by the IRS? Doesn't anybody here know of a court case regarding this issue?

I have done a lot of research... there are plenty of people who will give non-legal advice on the issue, advice on how to stop the levy by doing OIC or payment plan with the IRS... but I have found no evidence of ANYBODY actually taking the issue on and successfully getting a levy/garnishment stopped, either in court against the IRS or their employer.

Am I just barking up a tree here?

The system works on INFORMATION. Its the life blood, it can not work without it. The corporation is a legal agent of the system. It will not help you. Once they team up, you will not stop them unless you file bankruptcy which stops a collections till settlement and thats a delay at best or quit the job.

[ezrhythm]

Are you attempting to tell the employer by showing them that the IRS has no authority to levy without an official court order and that the notice is just a form of bullying?

Does the notice of levy have a current and valid OMB number on it?

Finding a court case on this will be like finding a needle in a hay stack. I'll bet that most people either succumb to the false levy, get the employer to ingnore the notice, or leave that employer.

[BOBT12]

Originally Posted by ooak

My wife just received a letter from her employer with the attached IRS form "Notice of Levy on Wages, Salary, ...". Looks like her employer is going to give the IRS all her salary until the debt is paid, starting with her next paycheck. She is freaked!

I have had one of the companies that I do business with ignore the 668 "Notice of Levy". The IRS followed up with one letter. However, that was four years ago, there has been no further response from the IRS. In short, it is my understanding that, the company does not need to respond to the IRS, until the IRS gets a court order demanding that the company take action.

Banks and employers commonly accept IRS Notice of Levy ( Form 668-A(c)(DO)) and Notice of Lien not signed by a judge or magistrate and erroneously surrender property without a court order. That makes them thieves, not Robinhoods! When this happens, you should sue them because they robbed you and are co-conspirators in depriving you of your property without due process of law. As always the defendant's (employer or bank) first motion is a motion to dismiss for failure to state a claim. WRONG!!! Taking property without due process of law in violation of the Fourth and Fifth Amendments constitutes a legitimate claim. The claim lies in the injury caused by the unlawful activity of the bank or employer’s employees. The loss suffered under the claim is a loss of property with a specific value, and it had to be replaced at a specific cost, and it caused public embarrassment and mental stress. That situation can’t be anything but a valid claim.

Emphasis added.

http://famguardian.org/TaxFreedom/In...iolDueProc.htm

“…The government has moved to amend our per curiam opinion, reported at Schulz v. IRS., 395 F.3d 463 (2nd Cir. 2005) (“Schulz I”)… Having considered the arguments of the parties, we grant the petition to rehear for only the limited purpose and to the extent necessary to clarify our prior opinion and hold that: 1) absent an effort to seek enforcement through a federal court, IRS summonses “to appear, to testify, or to produce books, papers, records, or other data,” 26 U.S.C. Section 7604, issued “under the internal revenue law, “ id., apply no force to the target, and no punitive consequences can befall a summoned party who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order; 2) if the IRS seeks enforcement of a summons through the federal courts, those subject to the proposed order must be given a reasonable opportunity to contest the government’s request; 3) if a federal court grants a government request for an order of enforcement then any individual subject to that order must be given a reasonable opportunity to comply and cannot be held in contempt or subjected to indictment under 26 U.S.C. section 7210 for refusing to comply with the original, unenforced IRS summons, no matter the taxpayer’s reasons or lack of reasons for so refusing.” [page 3].

Emphasis added.

http://www.givemeliberty.org/RTPLaws...2005-07-04.htm

Generally, the employer is more afraid of the IRS than they are of the worker. I believe that the IRS is limited to a max of 15% in any case.

[weishaupt1776]

The main obstacle is getting past the social engineering and fear that employers have been conditioned with.

It's like they are ****** victims who know no other way but to "listen to Uncle Sugar".

You could know all the law you want, but that right there is what you are looking at.

A good way to go is to secretly find out who their attorneys are and show them your research and how it would be grounds for a lawsuit in your favor should they honor the NoL