A DEBT TO THE IRS IS CAPABLE OF RAPIDLY BECOMING AN IRS TAX LIEN
It is possible to cause the Internal Revenue withdraw a federal tax lien, inform the credit reporting agencies of having done so, and enjoy a resultant improvement in ones credit score. All you need to do to effectively dispute the IRS lien is prove that all of the administrative steps within the IRS preceding placing of the lien in the public record were not complied with by the IRS.
The Internal Revenue Service by federal code only gives those with unpaid tax debts 10 days to satisfy tax debts before filing an Internal Revenue lien and making the delinquent tax debt a subject of public record. The credit bureaus are constantly reviewing the public records and once they come across a tax lien in your records it can have a considerable damaging effect on your credit rating. Federal law at 26 U.S.C. § 6323(j) affords an opportunity to have an IRS lien withdrawn by the IRS with them providing notice to the credit bureaus of having done so. Once this is taken care of, the credit bureaus are to treat it “as if the withdrawn notice had not been filed“. See 26 U.S.C. § 6323(j)(1).
The preeminent reason to supply the Internal Revenue for doing this is that all the administrative steps weren’t followed. See 26 U.S.C. § 6323(j)(1)(A). Treasury Inspector Audit Reports show where the administrative steps have most likely not been adhered too. Freedom of Information Act requests discover whether or not those administrative steps have been adhered too in your case.
MOST LIKELY THE INTERNAL REVENUE SERVICE DID NOT ADHERE TO THEIR ADMINISTRATIVE PROCEDURES TO YOUR ADVANTAGE
An additional very solid opportunity that can play a part a part in forcing the Internal Revenue to withdraw the lien for failing to abide by their administrative procedures is the 5 day issue. In accordance with 26 U.S.C. § 6320(a) they were supposed to do this not more than 5 business days following the day of the filing of the notice of lien. One Treasury Inspector Audit Report reported that the Internal Revenue failed to meet the 5 day requirement 95% of the time. That same report said that sometimes the Internal Revenue Service couldn’t even provide evidence that they sent any notice at all! This is still an extra viable issue that can play a role in forcing the IRS to withdraw their lien.
THE IRS IS OBLIGATED TO GIVE YOU NOTICE ABOUT A LIEN
26 U.S.C. § 6320 necessitate the Secretary (IRS) to give notice in writing the individual described in section 6321 of the filing of a notice of lien in § 6323. Section 6321 states that if any person legally responsible to pay any tax neglects or refuses to pay the same subsequent to demand, the amount shall be a lien in favor of the United States upon all assets and rights to property, whether real or personal, belonging to such person. Section 6323 goes into the nitty gritty of exactly which of your assets the lien attaches too. Suffice it to say, there isn’t much of your possessions it doesn’t attach too.
WHY YOU MAY NOT RECOGNIZE THE IRS LIEN DAMAGING YOUR CREDIT REPORT
26 U.S.C. § 6320 also requires the Secretary (IRS) to inform you you in exact ways. This is when the explanation comes in with reference to why you wouldn’t know about an Internal Revenue
lien. They were supposed to: 1) Hand you the notice personally; 2) Leave the notice at your place of abode or usual location of business; 3) Or, send the notice to you via certified or registered mail at your last known address. I think numerous people are not aware of an Internal Revenue lien upsetting their credit report because the Internal Revenue Service either intentionally or with indifference failed to send the notice to your present address. There is a very strong possibility that the last known address issue can play a role in forcing the IRS to withdraw the lien for failing to follow their administrative procedures.
Legalbear’s Tips & Tricks for Court is a Yahoo Group that has over 3200 members. Many of those members are knowledgeable and willing to discuss your IRS lien and contribute to a solution to your problem. You may want to join the group.