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how can i subpoena irs income tax records?

Sent to Legal Experts June 05 06:23 PM

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north brunswick, New Jersey

Customer (name blocked for privacy)
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June 5 7:43 PM (1 hour and 20 minutes and 39 seconds later)
         
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Are these going to be your records or someone else. Is this for child support evidence from a divorced spouse? Will this be a business or individual person?. Will try to assist with better info.

Thanks.



Edited by 4ren6 on June 5 2006 at 8:24 PM
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June 6 6:37 PM (22 hours and 54 minutes and 4 seconds later)
         
Reply to 4ren6's Post: I am trying to subpoena my ex-husband income tax return for the purposes of child support, everytime we go to court he lies about his income and the judge has not forced him to give his returns to the court. his wife used to work for an lawyer office so she knows the in and outs of lying to the court
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June 6 6:43 PM (5 minutes and 9 seconds later)
         
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June 6 6:48 PM (5 minutes and 40 seconds later)
         
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Do you have an attorney and if so what attempts have been tried. I can better answer with further assistance on this.

Edited by 4ren6 on June 6 2006 at 6:49 PM
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June 6 7:53 PM (1 hour and 4 minutes and 31 seconds later)
         
Reply to 4ren6's Post: no i dont have a attorney i been doing my motions and cross motions myself, but my ex refuses to submit his tax returns for the court trying to do it myself attorney wants $2000.00
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June 6 8:02 PM (9 minutes and 6 seconds later)
         
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What request have been made to date to obtain his returns? What methods were used. Bear with me this is complicated.

thanks.

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4ren6 -- Forensics/CSI -- 99% Positive Feedback on 3025 Legal Accepts
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June 6 8:11 PM (9 minutes and 35 seconds later)
         
Reply to 4ren6's Post: i filed a motion last yearin april judge ordered an updated case information statement with tax returns and paystubs he submitted w'2s but not tax return judge ordered again in nov he never sent one in judge went on his last year cis income because he never submitted updated info also he submitted to the courts a false income tax return in feb of last year that i think would make a judge make him bring in tax return but he never did
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June 6 9:08 PM (56 minutes and 49 seconds later)
         
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You need to have the judge order him to summit his returns in accordance with IRS rules. If the defendant refuses to summit the papers ordered he may be held in contempt of court by the Judge and face a fine and/or jail time. (The Judge could have done this the first time around) This is assuming that the Judge will allow the evidence of the return in the first place. Which from your post it is evident that he will.

The link attached will explain what is or is not required of the IRS.

http://www.irs.gov/irb/2005-11_IRB/ar07.html

Take a look at example two of the above link. (towards the very bottom)This will give you an idea as to the detail and complexity of doing this. So let the Judge or Court continue to handle this on your behalf. File a motion again with the Court to release the return or returns following the needed criteria and have the Judge hold him in contempt if he does not. Even yet, the Defendant does have the right to ask the IRS to stop or not allow the release.

For a proper service (subpoena) to be served to the IRS it must conform to their standards as outlined in Sec. 301.9000-5 of IRB 2005-11. (above link)

Any subpoena/ or request will need to be served to the District Director for the area where the tax information is located. Meaning where the file is returned.

I know this is confusing and frustrating but the above info should better help you understand what exactly the process for doing this is. Hang in there and press the Court to do this again and hold him in contempt if possible.

If this has answered your question please accept and continue to leave feedback. If I may be of further assistance then please reply back.

Regards.



Edited by 4ren6 on June 6 2006 at 9:12 PM
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