Q: I have an upcoming IRS appeal and I need to subpoena some documents /information from my employer. How do I best do it?
A: Unfortunately, you cannot subpoena documents from an employer unless it is in connection with a court case that is already filed. Since I assume you are speaking of an administrative appeal with the IRS Office of Appeals, you would not be able to issue a subpoena. You can request the documents from your employer to see if they will provide them voluntarily. If not, then your best bet may be to try to prove the points you are raising using documentation already in your possession.
The IRS is able to issue subpoenas to request documents and information without needing to have a court case filed. However, it would depend on the Appeals Officer being able and willing to issue such a subpoena and in some circumstances they are not able or willing to do so.
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