Sam Brotman, JD, LLM, MBA December 16, 2013 2 min read

Releasing a Levy While in Currently Not Collectible Status

A levy can be released while a taxpayer is in currently not collectible status. Section 6343(a)(1) of the Internal Revenue Code requires a levy to be released if the Service determines that the circumstances are appropriate based upon policy. The Internal Revenue Service will require “supporting documentation as is reasonably necessary to determine whether a condition requiring release exists” (IRS.gov, “Part 5. Collecting Process, Chapter 11. Notice of Levy, Section 2. Serving Levies, Releasing Levies and Returning Property, 8/18/2013). The IRS allows the release of a notice of levy when it is clear that circumstances will prevent the taxpayer from making payments and the IRS from receiving payments.

An example of this might deal with an employer receiving a notice of release of levy. “After a notice of levy has been sent to a taxpayer’s employer, the taxpayer responds and shows that the notice of levy prevents her from paying for basic necessities for her family. Because the levy is causing an economic hardship, release it immediately, so the employer will not send a levy payment on the next pay day” (“Section 2. Serving Levies, Releasing levies and Returning Property”).

There are additional legal bases for release of levy. “Section 362(a) of the Bankruptcy Code (Title 11) prohibits levy on the property of a taxpayer in bankruptcy” (“Section 2. Serving Levies, Releasing levies and Returning Property”). A levy on a bankruptcy filer’s property is illegal and is therefore formally released. Lastly, a notice of levy that violates the provisions and regulations of the Internal Revenue Code must be released also (“Section 2. Serving Levies, Releasing levies and Returning Property”).

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Sam Brotman, JD, LLM, MBA

Owner and Director of Legal
Brotman Law

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