CC:PA:03:SKBrophy 2025

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The memorandum from the Office of Chief Counsel of the Internal Revenue Service addresses the issue of whether wrongfully levied funds from state pension payments after a taxpayer's death can be returned. It concludes that the IRS cannot return such funds if an effective administrative claim was not submitted within the 9-month period specified in I.R.C. § 6343(b). Additionally, it states that if a claim is submitted but not acted upon, and no wrongful levy suit is filed within the statute of limitations, the IRS is also not authorized to return those funds. The document outlines specific cases involving multiple taxpayers and emphasizes procedural requirements for claims.

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