Discussion:Third party request for prior years returns
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Discussion Forum Index --> Tax Questions --> Third party request for prior years returns
| 10 June 2008 | |
| Client died last year. An attorney who represents client's daughter in the estate proceedings requested copies of prior year tax returns. I'm assuming that Daughter is not personal reprsentative of the estate, as the attorney would have likely mentioned this or sent a copy of the letter's of administration if that was the case.
My question is when is it ethically appropriate to disclose such information? I'm fairly confident that it is not in this situation. However, I want to respond to this request and inform the attorney (and myself) upon what circumstance I would be able to release the information. What if the personal representative requested such infomation? Thanks for the help. | |
| 10 June 2008 | |
| The administrator of the estate can request it. A copy of it was given to the client. It is probably with his person effects. | |
Death&Taxes (talk|edits) said: | 10 June 2008 |
| I agree with you, Wj, though I suspect the attorney did not mention the Daughter's title because he assumed that when you saw John Smith, Attorney, you would jump. Too many people in the legal profession tend to use the tactics of shock and awe. I would send a polite follow up asking for a copy of the short certificate (or whatever the letters of administration are called in your state) so you could CYA. | |
| 10 June 2008 | |
| Does he have a poa from the daughter? Why isnt he requesting the information from the taxing authority?
I would have the daughter sign a release waiver and get a copy of the document that authorizes her to obtain this information. taxea | |
| 11 June 2008 | |
| The daughter can get copies of her father's tax returns from the IRS if she is an heir and is named in the will. See Sec. 6103. | |
| 11 June 2008 | |
| Represents the client's daughter, but not the estate? Anyway, if you want to play it really safe as far as you are concerned, get a copy of the Letters Testamentary or of Administration, and hand the returns over to the personal representative.
If this daughter is not the personal rep., perhaps she is anticipating litigation, and if so, she can get it thru 3rd party discovery (or subpoena) on you, and argue about it at that point; or let her use the Code Sec. Riley cited. Though it's not your job to give the lawyer the code sec., wink; and Riley's probably one of only 3 people in the Country that knows it exists! Well, I guess we do now. | |
| 7 July 2008 | |
| Place copies with the Probate Court (the Judge) let him make the ruling to grant the daughters plea. | |
RoyDaleOne (talk|edits) said: | 7 July 2008 |
| The client is dead, you have no responsibility to hand over copies. As noted above a request should be sent to the taxing authority. How do you know what the client actually filed, or amended?
Now if you are looking for some goodwill, that is a different matter. | |
