Marco Island, FL asked in Consumer Law, Real Estate Law and Tax Law for Florida

Q: can someone ask for federal tax returns in interogatories in a residential florida property tax case where i am trying

to reduce my just property value? if so how do i object? thank you

3 Lawyer Answers

A: Can they ask for the returns? Sure. They can ask for anything they want. And you can object on the basis that what they seek is not calculated to lead to admissible evidence. Under that standard, they may have a legitimate reason for your tax returns. If the other party is represented by a lawyer, I recommend that you hire one as well.

James L. Arrasmith
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Answered

A: In a residential property tax dispute in Florida, the opposing party might request various documents during discovery, including federal tax returns, to understand your financial situation or the property's income-generating potential. However, tax returns are considered private and sensitive information, and their relevance may be questioned depending on the specifics of your case.

If you believe that the request for your federal tax returns is not relevant to the matter of determining your property's just value or if it's overly burdensome, you have the option to object. To do this, you would typically file a written objection with the court. In your objection, clearly state your reasons why the tax returns should not be disclosed, focusing on issues like relevance to the case, privacy concerns, or the information being not reasonably calculated to lead to the discovery of admissible evidence.

It's important to follow the specific rules and deadlines set by the court for objections to discovery requests. Consulting with an attorney can provide you with guidance on how to effectively object to the request and help protect your interests throughout the process. They can also represent you in court, if necessary, to argue the objection.

A: I agree with the answers given, but add that interrogatories are not the method of obtaining documents. Interrogatories can only ask you to answer questions, not produce documents. A request to produce is the vehicle to obtain documents. I would object on that basis, as well as what has previously been stated.

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