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Showing posts with label IRS seizures. Show all posts
Showing posts with label IRS seizures. Show all posts

Monday, October 27, 2014

IRS--The Out Of Control Agency Makes News Again--Seizing Assets Without Court Order

IRS Seizing Bank Accounts of Innocent Americans

Sunday, 26 Oct 2014 09:52 AM
By John Blosser
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The Internal Revenue Service has been seizing money from the bank accounts of individuals and businesses with no proof of any crimes nor any charges filed.

Now, the IRS claims that it will stop — but will it?

Using a law, the Civil Asset Forfeiture Reform Act of 2000, that allows the feds to seize money from suspected gangsters, drug dealers and terrorists, the IRS has put innocent people into bankruptcy and massive debt and taken the money a military father saved from his paychecks to put his kids through college, solely by tracking the amounts that people put into their bank accounts.


When no criminal activity is charged, The New York Times reports, the IRS often negotiates to return only part of the seized money, leaving impoverished citizens with little option but to either accept the IRS' offer or continue a lengthy and very expensive legal battle to try to get their legitimately earned money back.

The problem has been growing. The Institute for Justice estimates that from just 114 seizures in 2005, the IRS made 639 seizures in 2012, and in only 20 percent of the cases were any criminal charges ever pursued.


Under the Bank Secrecy Act, banks report transactions larger than $10,000 to federal authorities, but also report a pattern of regular, smaller deposits which appear designed to get around the act. This alone can be enough to trigger a seizure, the Times reports, and banks filed over 700,000 "suspicious" reports last year.

One involved a 27-year-old Long Island candy and cigarette distribution company, Bi-County Distributors, which made daily cash deposits, usually under $10,000. When the IRS seized $447,000 from the company, it refused to return it, despite the fact that there was no crime to prosecute, and instead offered a partial settlement.

The company is now $300,000 in debt and attorney Joseph Potashnik told the Times, "I don’t think they’re (the IRS) really interested in anything. They just want the money."

Army Sgt. Jeff Cortazzo was saving up for his daughters' college education when the IRS seized $66,000 of his money – it cost him $21,000 to get the remainder back.

Richard Weber, the chief of Criminal Investigation at the IRS, said in a written statement in response to the Times story, "After a thorough review of our structuring cases over the last year… IRS-CI will no longer pursue the seizure and forfeiture of funds associated solely with 'legal source' structuring cases unless there are exceptional circumstances justifying the seizure and forfeiture and the case has been approved at the director of field operations (D.F.O.) level."


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Wednesday, April 16, 2014

Another IRS Seizure Of Citizens Money Coming Soon!

IRS-Social Security seizure a ticking time bomb

By   /   April 16, 2014  /   27 Comments
ILLEGAL? Questions abound over the Social Security Administration's use of the IRS to withhold tax refunds from children of deceased recipients.
ILLEGAL? Questions abound over the Social Security Administration’s use of the IRS to withhold tax refunds from children of deceased recipients.

By Kenric Ward | Watchdog.org
WASHINGTON, D.C. — The Washington Post declared victory Tuesday for exposing the seizure of income-tax refunds to claw back alleged Social Security overpayments.
But the legal issue of garnishing money from the children of deceased parents remains legally contentious, and a senior senator is demanding answers from the agencies involved.
As reported by Watchdog.org and the Post, backtracking Social Security officials announced they will now only pursue overpayment cases less than 10 years old. That timeframe was already set in Internal Revenue Service statutes, so the administration merely acknowledged the law.
Sen. Charles Grassley said the affair is far from over.
“Is it fair and reasonable to pursue debts from the surviving children for payments to the parents?” the Iowa Republican asked. “The statute of limitations language didn’t give permission to collect debts where the debtor is deceased.”
Grassley, the top Republican on the Senate Judiciary Committee, sent letters to Acting Social Security Commissioner Carolyn Colvin and Treasury Secretary Jacob Lewrequesting answers to more than 30 questions.
Grassley said the Social Security Administration and the IRS, in their zeal to collect cash, acted in ways “possibly beyond what Congress intended.”
“It appears that SSA is not performing due diligence in notifying individuals or allowing them to inspect records of the debt they supposedly owe, which are violations of the law,” Grassley told Colvin.
Other critics of the heavy-handed tax collectors say Social Security benefits could be the first fruits of an inter-generational money grab.
“This opens the possibility for the federal government to attempt to collect federal student loan debts from the children of deceased parents,” said Pamela Mullin, an activist with Student Loan Justice.
Watchdog reported in February that more than $1 trillion in federally backed student loans are outstanding. With compounding interest, there is little to no likelihood of repayment in the recipients’ lifetimes.
“There’s no legal precedent for minor children inheriting the debts of their parents,” Mullin said.
Upholding the IRS-Social Security garnishments program could set a costly new precedent.
Grassley gave Colvin and Lew until April 29 to respond to his legal and procedural questions.
Kenric Ward is a national reporter for Watchdog.org and chief of the Virginia Bureau. Contact him at kenric@watchdogvirginia.org or at (571) 319-9824. @Kenricward