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PDtax
PDtax, CPA firm owner
Category: Tax
Satisfied Customers: 1886
Experience:  32 years tax experience, including four years at a Big 4 firm.
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The IRS has place a levy of $1050. each month out of my mothers

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The IRS has place a levy of $1050. each month out of my mother's Social Security benefit, which is over 60% of what she would otherwise get. The remaining amount of $815 is not enough for her to make by with the living expenses and the maintenance of the house she is living in. The money being taken is compounded by penalties and fees, all of which up to many thousands. None of this is fair to her, as she has suffered from an onset of dementia---yet refused to seek help for it. As her only living relative and son, I made appeal to the IRS, and it was turned down. They continue this collection, which is punitive, and it has been for the last 14months. How do I file a complaint/review?
Submitted: 1 year ago.
Category: Tax
Expert:  PDtax replied 1 year ago.
Welcome to the site. I will be helping you today.

IRS is generally limited to 15% garnishment for income taxes from Social Security benefits (http://www.irs.gov/Individuals/Social-Security-Benefits-Eligible-for-the-Federal-Payment-Levy-Program) is a link to IRS describing the 15% cap they are limited to taking).

In order to stop the levies, and potentially get funds returned to you, I can suggest hiring a tax professional to assist. In the event you want to try and remedy this yourself, I can suggest a couple of possible options:

1. File Form 911 with the IRS Taxpayer Advocate Office (http://www.irs.gov/pub/irs-pdf/f911.pdf is the link). Ask for a hold on the levy and refund of any collections over 15% until the case is reviewed.

2. Review your options with a tax professional who does tax advocacy. There may be other settlement options available, depending on how old the taxes are, what type and your mother's means.

Thanks for asking at Just Answer/Pearl.

PDtax, CPA firm owner
Category: Tax
Satisfied Customers: 1886
Experience: 32 years tax experience, including four years at a Big 4 firm.
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