In 2006, Will Smith starred in a movie called "The Pursuit of Happyness", a true story about Chris Gardner, a man with a 5-year old son who ends up homeless on the streets of San Francisco. Smith was nominated for an Academy Award and a Golden Globe Award for his part in this inspiring film, which tells with an unblinking eye the real-life story of a man's struggle with a string of back luck coupled with questionable decisions.
One of the most poignant moments in the film is when Gardner (played by Smith), after being evicted from his apartment, finally sells one of the expensive pieces of medical equipment for which he and his former girlfriend had spent their life savings. This breakthrough sale allows him to continue to pay for the hotel room where he and his son had been living...or so he thought. His joy quickly turns to horror as he realizes that the IRS has levied his bank account to satisfy a tax debt from the previous year.
As Smith's character scrambles to call the IRS from a pay phone, he exclaims incredulously "You Can't Do That!" You can hear the utter disbelief in his voice that any government agency could actually "hijack" a person's bank account and take their money at will. But that's exactly what the IRS has the power to do – legally...
The story spirals downward as Gardner and his son are now locked out of their hotel room and forced into the San Francisco streets...spending their nights in homeless shelters and the occasional public restroom.
According to the IRS website,
"We usually levy only after these three requirements are met:
** We assessed the tax and sent you a Notice and Demand for Payment;
** You neglected or refused to pay the tax; and
** We sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy. We may give you this notice in person, leave it at your home or your usual place of business, or send it to your last known address by certified or registered mail, return receipt requested."
If you receive a "Notice and Demand for Payment" or worse, a "Final Notice of Intent to Levy and Notice of Your Right to A Hearing" the clock is ticking. If you ignore these warnings and you don't take advantage of your right to a hearing, the IRS will then go to your bank account.
**Bryson Law Firm, LLC is a Louisiana law firm focusing 100% of our practice on helping people and businesses solve their IRS and Louisiana state tax problems. We have offices throughout the state in Lafayette, Baton Rouge, and Shreveport**