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IRS forgets
step on levies! (from the IR Manual)
Internal
Revenue Manual 5.11.1.2.1 states:
Note:
When a notice of
levy is issued to a third party, it is a third party contact.
Unless an exception applies, IRC 7602(c) states taxpayers
must be given reasonable notice the Service plans to make
such contacts to collect delinquent tax. Make sure
the taxpayer has been advised of potential third party contacts.
See IRM 5.1.17,Third Party Contacts, prior to issuing a
levy. [emphasis added]
Since
the requirement that you be notified of third party contacts
springs from § 7602 and a levy situation, § 7602 would be
a statute related to collection activities for the purposes
of a notice of intent to sue under 26 USC § 7433. For more
on how to use a notice of intent to sue under § 7433 watch
the free video at the top of my webpage www.irslevythumper.com.
In IRM
5.1.17.3.1(10) I found the following:
Letter(s) 3164 need not be provided to a taxpayer
for third party contacts of which advance notice has otherwise
been provided to the taxpayer pursuant to another statute,
regulation, or administrative procedure. Collection Due
Process (CDP) notices sent to taxpayers pursuant to IRC
6330 and its regulations constitute reasonable advance notice
that contacts with third parties may be made in order to
effectuate a levy.
This causes me
to believe you do not have a third party issue if you were
given or sent your Collection Due Process Notice as required
by 26 USC § 6330.
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