Wednesday, November 28, 2012

Getting Serious About IRS Liens - TONIGHT

Wednesday: Getting Serious About IRS Liens


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THIS Wednesday CALL


Roaches Fleeing - Getting Serious About Liens

Last week Barry talked to you about what is below respecting the results already had by merely “filing” a suit against the  United States .

This week Barry is talking to you about you getting serious about getting IRS “Notice(s)” of Lien off your credit reports and off the public record.

Barry has an acquaintance whose car was damaged in a multi-car accident. The person that hit him had insurance that owed him for the damage. More than six months had passed and my acquaintance had not received his settlement and he needed the money. I told him, “That is the result of a lack of resolve on your part.” Most of the people that receive this that have IRS liens have no success story about getting the liens released or withdrawn, and there is a difference, because like my acquaintance,they have not resolved to make an educated and diligent effort to get them released or withdrawn.

These “notices” of lien are against your property, and against your credit report, and the only place the resolve is going to come from is you; because you are the one that it matters too!

Join Barry on the call tonight and let’s get the “educated” part taken care of and let’s see if we can increase your resolve so in the end you have a positive story to tell.

One of Barry’s Students filed a 26 U.S.C. § 7433 suit alleging that the IRS refused to process amended returns and issue refunds. The answer filed by the  United States  reflects that as I have predicted, the IRS immediately took action to moot the suit by saying in their answer to the suit [Emphasis added]:

“The Internal Revenue Service has processed the amended returns filed by the taxpayer for the 2005 and 2006 income tax years and refunds have been issued for both years. Therefore, claims for refund alleged in the complaint are now moot.”

“The amended tax returns for the 2006 tax year have beenprocessed and a refund of $16,430.18 was issued to the taxpayer – which is in excess of the $16,390 alleged as owed in claim 1. Therefore, the refund demanded in claim 1 is now paid and the issue is moot.”

“The amended tax returns for the 2005 tax year have been processed and a refund of $24,664.03 was issued to the taxpayer – which is in excess of the $20,036.04 alleged as owed in claim 2. Therefore, the refund demanded is claim 2 is now paid and the issue is moot.”

“As part of its overall review of the taxpayer’s accounts for this litigation, the Internal Revenue Service re-considered her defense and decided to abate all penalties subject to a reasonable cause defense. Therefore, any claim for refund based on the denial of reasonable cause is now moot.”

So, according to the answer from the  United States , the filing of a § 7433 suit resulted in refunds of $16,430.18, $24,664.03, and the abatement of all penalties. Previously, the IRS had stubbornly, and bureaucratically, refused to process those refunds.

That is a nice result as far as it goes. The customer is still looking to move the suit forward looking for damages promised in that section.

I am unaware of anyone having filed suit with respect to unlawful liens under similar sections 7432 and 6323(j). Maybe you would like to be the first? Who knows; like cockroaches scurrying from the light you might get an answer back saying similar things as above with respect to their unlawful “notices” of lien.
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For more information ....... 
Contact Martin Michaelsson: MM@YourRemedyIsIn 

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