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Ask Jim Revels Your Own Question
Jim Revels
Jim Revels, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 210
Experience:  Providing income tax / planning services for over 16 years on all entity and individual tax issues
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My husband is suffering from Vascular Dementia. Because of ...

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My husband is suffering from Vascular Dementia. Because of this, he did not pay his taxes. I learned about this a year after the fact when he was forced to leave his office. I have been given the run around from the IRS for over a year. They decided to levy our Social Security. Is it LEGAL (apparently it is) for the IRS to take money from someone who has no idea the Government is doing so?

Thank you for choosing Just Answer. I am afraid the IRS can attach (levy) your social security. However, they would have sent an intent to Levy letter prior to the levy being put in place. I have attached a link to the IRS. I would suggest that you contact the National Taxpayer advocate help line. You may be able to speak with someone who is a little more sympathetic to you individual situation. If that does not work, I then suggest hiring a good CPA to intervene for you with a power of Attorney.

http://www.irs.gov/businesses/small/article/0,,id=161104,00.html

Kindest regards,

Customer: replied 8 years ago.
Reply to Jim Revels's Post: Thank you, XXXXX XXXXX have already had a CPA work pro bono for me. Yes, we did receive letters, that is why I was working with a CPA. Somehow, my first audit never arrived at the IRS.

My question is, once again..."Is it LEGAL for the Governement to take money from a person with Dementia who DOES NOT KNOW his money is being taken from him.????????? Yes, I know the IRS can levy anything they want and the well paid IRS employees must keep their jobs and hardly worry about us. I am now filling out my second audit with thousands of dollars of unpaid medical bills. I have heart failure, kidney failure, Diabetes and Neuropathy in my feet. My cardiologist bill is already in collections.

The funds the IRS takes from us is, indeed, our food money. We rely on friends to feed us.
Again...no one seems to know if what the IRS is doing is, indeed, legal.

Taxpayer's aid is of no help....all they have done is pass me back to the IRS.

Thanks again, but I still have no answer to my question.

Joan

My apologies for beating around the bush with the answer. Yes it is legal for the government to collect back taxes from someone who has dementia or any other ailment. There are ways to get the tax reduced with good legal representation in an offer and compromise case.

 

Kindest regards,

Jim Revels and 2 other Tax Specialists are ready to help you