- 3 - served a continuing wage levy (the continuing wage levy) on petitioner’s employer, the City of Oswego. Pursuant to the continuing wage levy, petitioner’s employer regularly remitted payments to respondent. These remittances were applied against petitioner’s 1988, 1989, 1991, 1992, and 1993 income tax liabilities. At all times, petitioner was aware of the continuing wage levy. In December 2000, shortly before laying petitioner off, his employer offered him $17,116 of severance pay, based on his years of service, current wages, merit, and a waiver of any discrimination claim that he might have had against his employer. Pursuant to the continuing wage levy, petitioner’s employer remitted $10,068 of the severance pay to respondent.3 His employer then applied $3,048 to petitioner’s current payroll withholdings and paid petitioner the $4,000 balance.4 2(...continued) In 1995, respondent filed a third Notice of Federal Tax Lien for petitioner’s 1994 income tax liability. 3 As far as the record reveals, it would appear that this amount was applied to petitioner’s 1988, 1989, 1991, 1992, or 1993 income tax liabilities, which were the subject of the continuing wage levy. 4 Petitioner administratively protested the levy of his severance pay with the Taxpayer Advocate’s Office. On or about Mar. 7, 2001, petitioner filed Form 911, Application for Taxpayer Assistance Order to Relieve Hardship, wherein he requested that respondent’s levy be released and that the $10,068 be returned. On Mar. 29, 2001, the Taxpayer Advocate’s Office denied petitioner’s request for relief on the ground that petitioner had (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011