why is my attorney requesting my tax return

You are legally required to provide your most recent tax return as well as two months of paystubs from your job. Your ex girlfriend and her lawyer are legally entitled to know your income because it is used to determine how much child support you owe.

Full Answer

Why do I need to file a tax return?

A party may claim that the tax returns are necessary to prove (or disprove) damages or will provide important circumstantial evidence regarding alleged fraud. Some examples include the following: Plaintiff claims that Defendant’s wrongdoing has resulted in lost earnings for a certain period of time.

Why does a plaintiff have to produce income tax returns?

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.

How do courts decide whether tax returns should be disclosed?

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

Can I bring my tax returns to a court 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.

What information is used to determine if you are making a lost wage claim?

Do you have to file taxes if you are not claiming lost wages?

About this website

Who can legally ask for your tax return?

The taxing authorities within the state or at the federal level can have access to all income tax records. Additionally, the court system has the ability to order the release of any individual's tax return data under specific circumstances.

When they ask for a tax return What does that mean?

It contains information about the person's income and the taxes to be paid on it during the year. Information filed in ITR should pertain to a particular financial year, i.e. starting on 1st April and ending on 31st March of the next year. Income can be of various forms such as : Income from salary.

Can tax returns be subpoenaed from the IRS?

The taxpayer subpoenas an IRS employee to testify concerning the IRS employee's examination of the taxpayer's Federal income tax return. The taxpayer provides the statement required by § 301.9000-5. This is a non-IRS matter. A testimony authorization would be required for the IRS employee to testify.

Can someone request your tax return?

Tax return filings are not publicly available in the United States, but they can be obtained through written authorization of the taxpayer. That is the only way to get a copy of someone else's tax returns. Full copies of tax filings can be requested from the Internal Revenue Service by completing Form 4506.

What is the maximum tax refund you can get?

New for 2021 Married couples filing jointly: $25,100. Singles and married couples filing separately: $12,550.

Why is return filing important?

Filing returns is a sign that you are responsible. Not just that, it also makes it easier for individuals and businesses to enter into subsequent transactions since their income is recorded by the tax department with applicable tax, if any, having been paid.

What is an IRS subpoena?

Subpoenas requiring an IRS officer, employee, or contractor to provide testimony or produce documents directly, rather than through government counsel, in an IRS matter require authorization.

Does the IRS need a subpoena?

Treasury Regulations §§301.9000-1 through 301.9000-7 require IRS officers and employees, as well as contractors, to obtain prior approval before they may produce IRS records or information or testify in judicial or administrative proceedings in response to a demand (subpoena, notice of deposition, court order, etc.).

Are IRS investigations public record?

By law, tax records may not be disclosed to any individual unless authorized by IRC Section 6103.

Should I consent to disclosure of your tax return information?

Federal law requires this consent form be provided to you. Unless authorized by law, we cannot use, without your consent, your tax return information for purposes other than the preparation and filing of your tax return. You are not required to complete this form.

Is income tax return a public document?

Shriram Narayandas that an Income-tax Return is not a public document.

How long does the IRS keep your tax records?

3 yearsThe later of 3 years or 2 years after tax was paid - For filing a claim for credit or refund, the period to make the claim generally is 3 years from the date you filed the original return (or the due date for filing the return if you filed the return before that date) or 2 years from the date the tax was paid, ...

Is a tax return a refund?

Although the words “return” and “refund” sound quite similar, when it comes to tax season, they are very different. A tax refund is money that the IRS sends to you after accepting and reviewing your tax return. It's important to note, however, that not everyone who files a tax return will receive a tax refund.

What is a tax return vs w2?

A W-2 reports your wages and taxes paid and it comes from your employer. A tax return is a report to the government that details taxes owed and includes the taxes your employer paid that are credited to the taxes owed to the government.

Does everyone get tax returns?

Most U.S. citizens – and permanent residents who work in the United States – need to file a tax return if they make more than a certain amount for the year. You may want to file even if you make less than that amount, because you may get money back if you file.

How do you know if you get a tax refund?

Using the IRS Where's My Refund tool. Viewing your IRS account information. Calling the IRS at 1-800-829-1040 (Wait times to speak to a representative may be long.) Looking for emails or status updates from your e-filing website or software.

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.

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.

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.

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 ...

Is the information in the returns available from other sources?

The information in the returns is not available from other sources.

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Do you provide information about the nature of your lawsuit?

You do not provide any information about the nature of your lawsuit or the damages that you are seeking.#N#If for example, you were injured in a car accident and are claiming lost wages or diminished earning capacity, the defendant will likely demand that you provide an...

Can you file taxes in California without permission?

Not without your explicit permission.#N#Moreover, if you are in litigation in California state court, your tax returns are privileged in many cases (family law cases being a major exception). Thus, opposing counsel in civil cases in state court usually cannot compel you to provide your...

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.

What information is used to determine if you are making a lost wage claim?

If you are making a lost wage claim due to your injuries, your tax returns and employer information can be used to determine whether your history of wages match what you are claiming in lost wages.

Do you have to file taxes if you are not claiming lost wages?

They would be used to prove your lost wages or lost of earning capacity from the accident. If you are not claiming any lost wages or loss of earning capacity then you may not have to provide the tax returns. Speak to your attorney to see if it's absolutely required...