By doing so, your case becomes credible, and the IRS will take you seriously. Your case may have merit. You may actually win a court judgment against the IRS.
Just as court cases are expensive and a big hassle for you, they are the same for the IRS. The IRS wants to avoid all of the effort and time that is required to try a case in court (unless of course, your case is high-profile and the sums of money involved reach into the millions of dollars.)
The Technical Compliance Officer has 3 things in mind when receiving your letter: 1) The federal courts are overloaded with cases; 2) The U.S. Attorney's office is overloaded with cases; 3) Congressmen and Senators enacted legislation so they would have to deal with fewer constituents that had complaints about the IRS.
Here comes your credible threat to sue in the form of a letter in compliance with the statute. The Technical Compliance Officer reads down through it and asks himself, what would make more sense, have a lawsuit, or make the issue go away? The next thing you find is that the IRS releases the wage garnishment.
There is no perfect argument is to get every instance of an IRS wage garnishment removed. You will have to find some error or some mistake that the IRS made where they failed to follow the regulation or the statute; or, they wrongly interpreted the statute or the reg. You then take your arguments of why the wage garnishment is invalid, put them in the form of a notice of intent to sue, and you send it to the Technical Compliance Officer, the motivated target.
And if he wants to avoid the hassles of a law suit, then he's going to figure out a reason to call up the IRS agents that are hassling you, and tell them, leave this person alone because they're threatening to sue and we don't need any more lawsuits.
To have your IRS wage garnishment released, simply analyze your own case. Compare what the IRS did on your case with the statute and the regulation, and see where they have made errors. They can hardly ever get it right.
Your letter may get the IRS to release the garnishment of your wages. It may not. Your other option is to file suit. Once your suit is filed, it is no longer a possible hassle for the IRS, it is guaranteed. They will have even more reason to negotiate.
Or maybe you'll be one of these people that just really gets diligent and you'll take it all the way to trial. Maybe it's there that they'll just give you damages for everything they have done to you, and not only will your wage garnishment be released, but the IRS may have to return property that was taken from you.
Article Source: http://www.upublish.info
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About the Author:
Greg Roy.
Greg Roy has experienced the financial pain of an IRS wage garnishment first hand. To learn more about negotiating with the IRS and getting a wage garnishment released, visit IRS-wage-garnishment.com.
