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Tax Levy on Bank Account...

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Ross M. Greenberg

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Mar 6, 2008, 8:43:33 AM3/6/08
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This gets rather confusing. Back in 1992 I did not file my taxes. Back then I was living in New York City. Our friends at the IRS noticed it hit me with an audit and I ended up owing a bunch of money. I paid it -- as if I had a choice.

Since then I moved to upstate New York and from there down to Georgia. Yesterday while checking my accounts online I noticed my account balance was suddenly zero and that there was a tax levy placed on my account. I checked with my bank and they said that it was a tax levy placed on my account from New York State: the IRS had told New York about my audit/reassessment. Apparently New York State had been sending notices to find New York City address, in which I had not lived in over 15 years.

I found out just today that when you move you have to advise the IRS of your new address. They tax levy that emptied out my account was for about three times my account balance. While I work this out I still will have some need for banking, and need to open up an account that can't be nailed by New York State -- can using a different social security number (my wife's, a different relative, a friend's) avoid future problems?

The amount taken from my account was approximately equal to the amount originally owed. One third is a penalty, and one third is interest. Can I talk them down because I never received notice?

Thanks.

Ross

..

Paul Thomas, CPA

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Mar 6, 2008, 9:18:21 AM3/6/08
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"Ross M. Greenberg" <gree...@bellsouth.net> wrote

> This gets rather confusing. Back in 1992 I did not file my taxes.
> Back then I was living in New York City. Our friends at the IRS
> noticed it hit me with an audit and I ended up owing a bunch of
> money. I paid it -- as if I had a choice.
>
> Since then I moved to upstate New York and from there down
> to Georgia. Yesterday while checking my accounts online I
> noticed my account balance was suddenly zero and that there
> was a tax levy placed on my account. I checked with my bank
> and they said that it was a tax levy placed on my account from
> New York State: the IRS had told New York about my
> audit/reassessment. Apparently New York State had been
> sending notices to find New York City address, in which
> I had not lived in over 15 years.
>
> I found out just today that when you move you have to advise
> the IRS of your new address. They tax levy that emptied out
> my account was for about three times my account balance.
> While I work this out I still will have some need for banking,
> and need to open up an account that can't be nailed by New
> York State -- can using a different social security number
> (my wife's, a different relative, a friend's) avoid future problems?

You probably don't want to do that, because it's called fraud - and not tax
fraud but banking fraud. Your account needs to be identified to you.
Please don't get your wife, family or friends involved in this. You can,
however, run your deposits and write checks out of a joint account in your
wife's name - if she lets you.

Now, as a practical matter, they probably didn't blanket the area banks with
dunning notices, so other banks in your area don't have a levy notice on
your accounts that don't exist there. It's also likely, as with the
federal levy, that it's a one-time thing and expired already (just go ask
the banker). Future deposits are "safe" till the next notice comes. It
really depends on the notice - you should have received one, if not get a
copy from the bank if possible.


> The amount taken from my account was approximately
> equal to the amount originally owed. One third is a penalty,
> and one third is interest. Can I talk them down because
> I never received notice?

It was your responsibility to amend whatever state was involved in that
year. So when the IRS changed your income, you have an obligation to change
the state return as well.

You can always ask and beg, but knowing NY state (if the city is involved,
you'd better get on that too) they'll not budge one centimeter.

Right now your best option is to contact the state and see what they are
willing to do now. Maybe setting up a payment plan is available - which
will keep their fingers out of your bank account as long as you keep paying
on the agreed upon schedule. If an installment plan is available, make the
payments large enough to bring the balance down but small enough that you
are absolutely sure you can make that amount each month.


--
Paul A. Thomas, CPA
Athens, Georgia


Nossy

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Mar 11, 2008, 10:23:48 PM3/11/08
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According to which contractual arrangement may they make a claim on
you with their NOTICE of Levy (which are supposed to be issued AFTER
an ACTUAL levy, but aren't because the IRS would have to get a court
order first, which is too much trouble, so they try to scare the banks
and customers with their NOTICE of Levy).???
Well, if you checked your Master File via a FOIA request and got it
decoded, you would probably find out that you are listed with the IRS
as a corporate entity (strawman in all-caps) in Puerto Rico or the
Virgin Islands like thousands of other Americans. For which you are
the fiduciary via a trust arrangement. Ah well.........

Paul Thomas, CPA

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Mar 12, 2008, 7:37:48 AM3/12/08
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"Nossy" <he...@heavier.com> wrote

> According to which contractual arrangement may they make a claim on
> you with their NOTICE of Levy (which are supposed to be issued AFTER
> an ACTUAL levy, but aren't because the IRS would have to get a court
> order first, which is too much trouble, so they try to scare the banks
> and customers with their NOTICE of Levy).???
> Well, if you checked your Master File via a FOIA request and got it
> decoded, you would probably find out that you are listed with the IRS
> as a corporate entity (strawman in all-caps) in Puerto Rico or the
> Virgin Islands like thousands of other Americans. For which you are
> the fiduciary via a trust arrangement. Ah well.........


All your joking aside, you do realize that the OP is talking about owing New
York State tax.


Kinda makes your post look silly, if it wasn't so already.


--
If electricity comes from electrons, does morality come from morons?
----------------

Nossy

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Mar 12, 2008, 2:47:56 PM3/12/08
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Just remember the sneaky ways the IRS works......If they take you to
court and you have decoded your Master File, they will not accept it
as evidence for years prior to the year when it was decoded. But it'll
be interesting to know how they put you (meaning the all-caps
strawman) as a business entity in Puerto Rico or Virgin Islands, which
are not states. That's because residents of those places are directly
under the authority of the federal government, whereas state residents
are under the authority of state governments, states being entities
that cannot be disbanded by the federal government.

On Thu, 6 Mar 2008 09:18:21 -0500, "Paul Thomas, CPA"
<paultho...@bellsouth.net> wrote:

Paul Thomas, CPA

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Mar 12, 2008, 3:02:20 PM3/12/08
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"Nossy" <he...@heavier.com> wrote

> Just remember the sneaky ways the IRS works......If they take you to
> court and you have decoded your Master File, they will not accept it
> as evidence for years prior to the year when it was decoded. But it'll
> be interesting to know how they put you (meaning the all-caps
> strawman) as a business entity in Puerto Rico or Virgin Islands, which
> are not states. That's because residents of those places are directly
> under the authority of the federal government, whereas state residents
> are under the authority of state governments, states being entities
> that cannot be disbanded by the federal government.

You're a kook.


Dave Johnson

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Mar 12, 2008, 4:35:00 PM3/12/08
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On Mar 12, 2:02 pm, "Paul Thomas, CPA" <paulthomascp...@bellsouth.net>
wrote:

Almost as kooky as Eldon Warman or a "admiralty fringe flag" kook ...
but not as entertaining as the "861" tax
kooks.


Nossy

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Mar 12, 2008, 6:23:32 PM3/12/08
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Insults will get you nowhere. Ask the people who have decoded their
Master files and even gone to court with them.

P. Maffia

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Mar 12, 2008, 7:29:27 PM3/12/08
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"Dave Johnson" <nosp...@yahoo.com> wrote in message
news:e17e6850-691a-453f...@p73g2000hsd.googlegroups.com...

The moron who calls himself, Nossy, also believes in the 861 argument as
well as a lot of other gibberish just like all the other moron tax whackos.

Nossy

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Mar 13, 2008, 10:26:18 AM3/13/08
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Hey, Mafioso. As a matter of fact I don't abide by the 861 argument.
However, go do the decoding of your Master File and find out how you
are coded, especially via SECTION 1040 (NOT FORM 1040) OF THE IRS
CODE!!!

Paul Thomas, CPA

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Mar 13, 2008, 10:51:25 AM3/13/08
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"Nossy" <he...@heavier.com> wrote

> As a matter of fact I don't abide by the 861 argument.


I bet you don't - because you don't like jail.

> However, go do the decoding of your Master File and find
> out how you are coded, especially via SECTION 1040
> (NOT FORM 1040) OF THE IRS CODE!!!


You mean this section???

§ 1040 Transfer of certain farm, etc., real property.
[Note: Section heading was changed to Use of appreciated carryover basis
property to satisfy pecuniary bequest. by Sec. 542(d)(1) of P.L. 107-16,
effective for estates of decedents dying after 12/31/2009].

The only thing at issue is - are you planning to die before 1-1-10, or after
12-31-09 ??

We already know you are brain dead.......it's just an issue of when the
family will pull the plug.

--
Have no fear of perfection - you'll never reach it.
----------
Paul A. Thomas, CPA


P. Maffia

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Mar 13, 2008, 12:32:45 PM3/13/08
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Hey, Idiot, you have supported the 861 nonsense in the past. The rest of
your idiocies are just that - idiocies of a moronic mind.
"Nossy" <he...@heavier.com> wrote in message
news:2aeit35kl7f3310n6...@4ax.com...

Nossy

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Mar 13, 2008, 3:01:34 PM3/13/08
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Go have your master file decoded, and then you'll find out alot of
interesting things! Including why they relate a Notice of Lien on a
person to Section 1040!

Nossy

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Mar 13, 2008, 3:02:26 PM3/13/08
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You people simply like to insult because you cannot address issues
substantively. BUt at least go check out what's on your own master
file!

On Thu, 13 Mar 2008 09:32:45 -0700, "P. Maffia"

P. Maffia

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Mar 13, 2008, 9:35:46 PM3/13/08
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Moron, you have raised no substantive issues to be discussed.. You keep
raising the ravings of moronic minds.

"Nossy" <he...@heavier.com> wrote in message
news:dguit3tv8edu4lnsm...@4ax.com...
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