How To Remove an IRS Wage Garnishment

There are at least two methods of removing an IRS wage garnishment. One is to make an arrangement with the IRS. You can do this yourself through the use of an offer in compromise. Or, you can hire a tax attorney to negotiate an arrangement with the IRS on your behalf. Another method is to do a fair amount of research into your case, and others like it, to find instances where the IRS has violated proper procedure in their dealings with you.

The tax law is very complex. It is highly likely that you do not know every detail contained in the thousands of pages of tax law. Believe it or not, neither does the IRS agent. They very often violate their own rules. This is so common that it would be laughable if it wasn't such a serious matter. Nonetheless, with some research and investigating, you'll likely find an instance where the IRS has erred in their actions. When you find an error that they have made, you have what you need to get the IRS wage garnishment removed.

There are many cases where people tried to sue the IRS under all kinds of different theories. The courts continually dismiss those cases. The solution to not having your case dismissed is found in 26 USC § 7433 and 26 USC § 7432. In 1988, the United States waived sovereign immunity in 26 USC § 7433 and made it possible for someone to sue the U.S. when IRS agents fail to follow the statues or the regulations while they are involved in tax collection activity. Section 7432 made it possible to sue when the IRS refuses to remove a lien that is legally unenforceable.

If you intend to sue the IRS you are required to send a letter noticing the U.S. of your intent to sue as required by the statute to obtain the waiver of sovereign Immunity. Without the waiver of sovereign immunity, your case will automatically be dismissed.

Now, once you are aware of this little-known fact, it changes the way that you can approach the IRS. Most people do not know of this requirement. And the IRS knows that most people don't know of it. When someone who has been wronged by the IRS threatens to sue them, the IRS can basically chuckle and think to themselves

About the Author:
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 http://IRS-wage-garnishment.com.

Article Source: ArticlesBase.com - How To Remove an IRS Wage Garnishment

Irs Wage Garnishment