why is attorney asking for tax returns

Are tax returns considered legal documents?

Your income tax return is a legal document, too, which you file with the Internal Revenue Service.

Are tax returns privileged in Discovery New York?

While New York courts generally favor broad discovery, they are reluctant to permit the discovery of tax returns due to their confidential and private nature.Aug 20, 2020

What are some examples of wrongdoing?

Some examples include the following: Plaintiff claims that Defendant’s wrongdoing has resulted in lost earnings for a certain period of time. Plaintiff may be required to produce income tax returns for that period so Defendant can ascertain whether Plaintiff’s earning capacity was affected by the alleged wrongdoing.

Why are tax returns disclosed?

Courts have allowed tax returns to be disclosed in order to prove the financial condition of the insured and provide circumstantial evidence of fraud. Plaintiff claims that Defendant stole precious goods in order to sell the same to cover gambling losses.

Why do defendants seek tax returns?

Disclosure of his tax returns may be required in order to show his income. Another common reason that parties seek tax returns is for purposes of impeachment.

What happens if a party wants to produce returns?

That means if a party wants returns produced, he/she has to ask the Court to require disclosure of the returns.

When is disclosure of tax returns not allowed?

Disclosure of tax returns is not allowed when the information needed is available elsewhere. For instance, tax returns are not necessary if a plaintiff is trying to put together an accounting of monies owed and can do so based upon other financial records. Similarly, if a party needs to determine the value of property and there are other sources ...

Do you have to disclose tax returns?

However, courts generally do not require the disclosure of tax returns —even when the returns may be relevant—due to their private and confidential nature. Instead, courts apply a strict standard to determine whether the tax returns should be disclosed. In most cases, a party (or non-party) from whom returns are sought will claim confidentiality ...

Can you disclose a destroyed property for impeachment?

However, it should be noted that Courts have not allowed disclosure of returns for purposes of impeachment if it involves an issue collateral to the case.

Is California privileged from disclosure?

The Revenue and Taxation Code sections 14251 and 19542 do declare that our income tax records are generally privileged from disclosure. However, in California that privilege does not bar production and consideration of your income tax records according to Family Code §3552 in proceedings involving any kind of support requests.

Can you hold on to a report until the hearing?

Since you report that you were asked to bring them in a letter request rather than in response to a subpoena or some other form of discovery request that seek the returns prior to the hearing itself, you might hold on to them until the hearing.

Why Are Past Tax Returns Relevant to a Personal Injury Claim

My question involves an injury that occurred in the state of: NC Spoke to my lawyers paralegal on Friday cuz she needed to fill out this questionaire the adjuster sent over.

Re: Y is Tax Info (Prior to Accident) Needed for My Case

They are likely looking to see what you are worth, so to speak, in order to decide what kind of settlement (if any) to offer you.

Re: Why Are Past Tax Returns Relevant to a Personal Injury Claim

If you're making a claim for lost wages or lost earning capacity, the issue of what you previously earned becomes relevant.

Re: Why Are Past Tax Returns Relevant to a Personal Injury Claim

Have a secrecy agreement written for your tax documents or a protective order if litigation has commenced.

Re: Why Are Past Tax Returns Relevant to a Personal Injury Claim

I'm comfortable already so I can wait them out and i honestly don't see the need to settle at all, its like I'm short changing myself.

Re: Why Are Past Tax Returns Relevant to a Personal Injury Claim

I think you don't understand what aaron was telling you. Nope, make that I know you don't understand. You may not want them to verify your claims from your tax records, but they're entitled.

Re: Why Are Past Tax Returns Relevant to a Personal Injury Claim

You've made a strong case that you're an ass and cannot understand simple explanations. You have a lawyer, so go ask your lawyer.

Filing Taxes Versus Paying Taxes

When it comes to impact on your personal injury case (and as a general rule), it’s more important that you have actually paid the taxes you owe than it is to have filed a tax return. That's because most people work for someone else, and as employees they might have more taxes than they owe taken out of their pay, through various withholdings.

If You're Making a Lost Earnings Claim

How does all this affect your personal injury claim? If you are making a claim for lost earnings (a form of " special damages "), the best (and possibly only) way to prove what your earnings were is through your tax return.