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I have a friend who is on dialysis with end stage kidney disease, just moved into a room after being homeless for almost a year.

Lynn, MA |

He has been receiving social security for three months. The IRS has put a 15% lien on his payments for past due taxes leaving him with $700 to live on. This is his only source of income since he is unable to work. Does he have any recourse with the IRS to eliminate this debt?

Attorney Answers 5


  1. Best answer

    There are many ways to get relief from the IRS on such levies, including, a hardship claim (Form 911) and the Taxpayer Advocates Office as well the Collections Division. An offer in compromise is the last resort and takes a lot of time and has legal implications as well. You should search the IRS website for help or call an attorney that has this experience.

    http://www.irs.ustreas.gov/

    Eric

    Eric P. Rothenberg, P.C.
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  2. The IRS, as well as some other government agencies, can garnish your Social Security benefits. However, you should probably post this question in the Tax Law area and have a tax lawyer shed some further light on the issue for you. Your friend will most likely need to get this settled with a tax lawyer rather than a social security one.
    Best of luck to your friend!


  3. Consider Filing for an Offer In Compromise with IRS. See enclosed link to get you proper information on how to proceed...sounds like your friend may qualify for such hardship exception.
    http://www.irs.gov/Individuals/Offer-in-Compromise-1

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.


  4. I will try to add to the tax law section for you.....

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


  5. An offer in compromise or a Chapter 7 bankruptcy may be viable options if the tax debt is over three years old.

    This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.

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