Legal Question in Family Law in Nevada

Request for Tax Records

My husband beat me up and broke two bones in my foot. He pleaded guilty at his criminal trial. His attorney is now requesting tax records for the past 10 years. We never lived together prior to marriage, and have been married for 6 years. I haven't even known him for 10 years. Is this legal and ethical?


Asked on 8/29/06, 10:24 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: Request for Tax Records

Form 4506 can be used to request copies of previously filed tax returns or Form W-2 only. The IRS cannot provide copies of information returns such as Form 1099. Form 4506 can also be ordered by calling the IRS toll-free.

There is a charge of $23.00 for a copy of the tax return for each tax period requested.

Here is a link to more information.

http://www.wwwebtax.com/general/prior_years_return_copy.htm

While the law may require you to authorize access to this information by opposing counsel, it does not require you to incur the charges for it if it is oppressive, burdensome, or should otherwise be borne by the requesting party. Typically, the tax return request can be satisfied by executing a Form 4506 for the tax years in question, and delivering it to opposing counsel. Then opposing counsel can pay the fees associated with the IRS production and rest assured that these are, in fact, the actual tax returns.

Your attorney can advise further.

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Answered on 8/30/06, 9:01 am


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