Divorcing couple & tax documents

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#1
AnitaL  
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HI, All!
I have long term clients, Married filing jointly, who are in the midst of a divorce. The wife wants copies of the hubby's W2's, 1099's etc for the past 3 years.
I don't feel good about giving those to her, in light of the divorce situation.
Anyone know if I am legally or ethically required to give OR to not give her those documents?
I don't have any issue with giving her the tax returns, but she wants the source documents.

Thanks!
 

#2
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What does the husband have to say about this?

More importantly, what does each respective attorney have to say about this?

I usually respond with something to the effect of: I realize there is a legal proceeding between parties at the moment. I need to ensure I'm not violating any laws by providing this information. Please be patient and I will let you know what I can provide in this situation.
~Captcook
 

#3
AnitaL  
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Thanks! I told the husband that he needs to give me permission to release his documents to his estranged wife. She's not thrilled that I won't just release them to her. It's a sticky situation for sure. But from what I can tell, asking his permission is the safest strategy for my liability.
 

#4
HowardS  
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I can't speak for everyone, but I prepare returns from source documents provided by the client. They belong to the client, they are not mine to give. I'd say you are doing the right thing.
Retired, no salvage value.
 

#5
Joan TB  
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I say give "new" copies to the husband and let him (or his attorney) do with them what they want.
 

#6
jon  
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You may be right, but if a joint return is filed both parties have rights to the 1040 and the information necessary for the 1040 preparation.. Anything that has to do with business partnerships S Corps etc belong to whoever the owner is only. Everything can be required if served through "discovery stage". It can get ugly!!
 

#7
AnitaL  
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That's for sure..this couple has been married for 49 years. Hard to believe they have such animosity.
 

#8
makbo  
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As for W-2s, or 1099s with withholding, those are part of the tax return (attached if paper filed, or included in the efiled transmission), so to the extent spouse is entitled to a copy of an MFJ return, those docs are part of it
 

#9
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makbo wrote:As for W-2s, or 1099s with withholding, those are part of the tax return (attached if paper filed, or included in the efiled transmission), so to the extent spouse is entitled to a copy of an MFJ return, those docs are part of it


While touchy... I agree with this. the joint return was signed by the wife. ANY backup is joint property.

here in NC, we CPAs get hit with subpoenas quite often for the corporate returns by the lawyer of the X.

THAT is touchy and I simply tell the lawyer, no. You can’t make me give the docs to you, but a judge can.

I have a standard letter stating all requested docs were given to the husband,to be given to you. subpoena him or get a judges order. I can’t give them to you as the husband has told me I can’t.
 


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