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Is a prior year “levy” considered a “refund”?

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    Is a prior year “levy” considered a “refund”?

    I would welcome any discussion on the following scenario:

    Taxpayer filed tax returns for years 2006-2014 this year (2015). In 2010, $45k was levied from his bank account for unpaid taxes in TY2006, as determined from a Substitute For Return filed by the IRS at that time. When the actual/original return was prepared for TY2006 this year (2015), it was determined that he never owed any taxes and thus the funds from the levy were unneeded/unused. I clearly understand that refunds from closed years will not be given to the taxpayer. However, I’m hopeful that consideration would be given on funds that were (unnecessarily) levied but not owed. In point of fact, no taxes were due on any years 2006-2014 that were filed this year except a small amount in 2011 and 2014.

    Does anyone have any experience in handling a similar problem, or does anyone have any ideas for possible discussions with the IRS for consideration?

    #2
    what reason

    what reason(s) not filed?
    Always cite your source for support to defend your opinion

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      #3
      Yvonne - I think you may be out of luck. §6343 generally only allows money erroneously taken by levy to be refunded within 9 months.

      I would read SCA 200028036 - it seems close on point and it doesn't look good for your taxpayer.

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