Q: Can a lawyer subpoena tax records from the accountant who prepares the joint returns for my estranged husband & me?
My husband & I are estranged; & filing joint tax returns while we await our final divorce hearing. Multiple times my husband & his divorce attorney have demanded I sign the final page of returns for which no tax worksheets were ever provided. Recently I discovered on my online IRS account that my husband paid many thousands of dollars in taxes AFTER I signed the return (from his lawyer) for that year. Because the returns are jointly-filed, I wrote to the accountant & requested the worksheets which were never provided to me. My husband’s accountant has ignored my request, so now I need to know if it is possible for an attorney to subpoena the records for me.
A:
You may request your previously filed tax returns, along with all attachments by filing Form 4506, Request for Copy of Tax Return with the IRS. You may find the form here:
https://www.irs.gov/taxtopics/tc156
Also, you may request them by phone by calling the IRS at 800-908-9946.
I am only licensed in Arizona and California. As such, I can only answer your questions as it relates to federal law. Best of luck!
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