Discussion:Subpoena for my clients' tax information
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| Revision as of 23:47, 14 March 2008 Sfbcpa (Talk | contribs) (It is a civil su) ← Previous diff |
Revision as of 23:50, 14 March 2008 PostingFromWork (Talk | contribs) (Don't attorneys) Next diff → |
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| {{ForumReplyPost|UserID=Sfbcpa|Date=14 March 2008|Text=It is a civil suit where my clients are the plaintiffs. My clients never told me about this and I can't get a hold of them as their phone number has been disconnected and after numerous e-mails they still are not getting back to me! The defendants attorney in this suit sent me a letter stating that if I don't comply he will seek legal action against me, which means I would have to pay for an attorney and I believe the cost of this would outweigh the penalty the IRS could impose on me. I was reading that I could be fined $250 if I don't have just cause for disclosing this information. Is that correct?}} | {{ForumReplyPost|UserID=Sfbcpa|Date=14 March 2008|Text=It is a civil suit where my clients are the plaintiffs. My clients never told me about this and I can't get a hold of them as their phone number has been disconnected and after numerous e-mails they still are not getting back to me! The defendants attorney in this suit sent me a letter stating that if I don't comply he will seek legal action against me, which means I would have to pay for an attorney and I believe the cost of this would outweigh the penalty the IRS could impose on me. I was reading that I could be fined $250 if I don't have just cause for disclosing this information. Is that correct?}} | ||
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| + | {{ForumReplyPost|UserID=PostingFromWork|Date=14 March 2008|Text=Don't attorneys alway follow up a request with "or we'll seek legal action"? | ||
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| + | §7216 is a solid defense. I would tell them to pound sand, but I'm no attorney, so it could be stupid advice. | ||
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| + | I wonder if SFBcpa could recover his attorney's fees if he got taken to court over this.}} | ||
Revision as of 23:50, 14 March 2008
Discussion Forum Index --> Advanced Tax Questions --> Subpoena for my clients' tax information
Discussion Forum Index --> Tax Questions --> Subpoena for my clients' tax information
| 14 March 2008 | |
| I received a subpoena last week for all of my clients' tax records. I told the attorney who subpoenad me that according to IRC 7216 I needed a court order before I could disclose my clients' confidential tax information. The attorney said that a subpoena is the equivalent of a state court command (this is a civil case by the way), and that if I did not comply he would start legal action against me. So of course, I hired an attorney. Does anyone else have experience with this? | |
RoyDaleOne (talk|edits) said: | 14 March 2008 |
| I now recommend to all my clients that if tax or financial information is being released in a court action that they seek a court order for the information to sealed, and not made public record.
You did the right thing in hiring an attorney. Your, client can release you from the non-disclosure of IRC 7216, if they want. | |
TaxNovice 1 (talk|edits) said: | 14 March 2008 |
| Sfbcpa-What state are you in??? | |
| 14 March 2008 | |
| Major Bummer. AICPA standards allow compliance with a valid civil subpoena with the caveat that in general this request will not meet §7216 standards. Your attorney will take the position that said subpoena is not a court order. Then the fun starts, and unfortunately the legal costs. | |
| 14 March 2008 | |
| I am in WA State.
My attorney just researched this and said I would have to comply but that he would be in touch with my clients' attorney. | |
| 14 March 2008 | |
| Personally, I wouldn't have spent the money on an attorney. It is nothing new. A subpoena is not a court order and 7216 is well understood. | |
| 14 March 2008 | |
| sfb, I think your lawyer may want to look at Dennis' post. I would guess that your lawyer is going to tell client's lawyer that this stuff is going to come out anyway, especially if this is a divorce, and client might as well waive. I'm speculating about the divorce, of course. | |
| 14 March 2008 | |
| It is a civil suit where my clients are the plaintiffs. My clients never told me about this and I can't get a hold of them as their phone number has been disconnected and after numerous e-mails they still are not getting back to me! The defendants attorney in this suit sent me a letter stating that if I don't comply he will seek legal action against me, which means I would have to pay for an attorney and I believe the cost of this would outweigh the penalty the IRS could impose on me. I was reading that I could be fined $250 if I don't have just cause for disclosing this information. Is that correct? | |
PostingFromWork (talk|edits) said: | 14 March 2008 |
| Don't attorneys alway follow up a request with "or we'll seek legal action"?
§7216 is a solid defense. I would tell them to pound sand, but I'm no attorney, so it could be stupid advice. I wonder if SFBcpa could recover his attorney's fees if he got taken to court over this. | |
