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Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 3357
Experience:  18+ years of experience in tax preparation; 25+ years of experience as a real estate/corporate paralegal.
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Can the IRS take more than 2/3 of someone's check?

Customer Question

If your wages were being garnished by the IRS and the levy was released 3 days before my actual pay date. The IRS faxed the release to the employer. The employer claims they had already sent my money ahead of time to the IRS and couldn't stop the payment on the check. This is a lie. I get paid by direct deposit. They are refusing to pay me, I can’t pay my bills; what do I do? I get a long-term disability check from the Standard Insurance Company in Portland, Oregon. The IRS was taking over two-thirds of my check. I have an installment agreement with the IRS.
Submitted: 7 months ago.
Category: Tax
Expert:  Barbara replied 7 months ago.
Erroneous levy proceeds can be returned to the taxpayer at the discretion of the IRS if:
The levy is premature
IRS procedures were not followed.
In addition, an installment agreement is in place with the IRS.
Based on the information you provided, my best advice would be to contact the IRS and request that the amount erroneously sent to it by your employer be returned.

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