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need ethic & CYA advice fast (leaving on vacation in 2 hours)

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    #1

    need ethic & CYA advice fast (leaving on vacation in 2 hours)

    prepared ex-husband's return, & sent it to him on PDF a few months ago. Didn't file it and informed me about a month ago that he wasn't going to 'use' that one since it had numbers that didn't jibe with what he was telling the mortgage company on one of his rentals since he was telling the mortgage company it was his principal residence. He has to paper file since his wife is getting an ITIN.

    Got a call this morning (I leave for the airport in 2 hours) that the PDF didn't have a page 2 for the 1040. Sure enough, it didn't.

    So under what obligation am I to give him the page 2? give it to him unsigned? I think he may have been rearranging the Sch E (has about 10 rentals) to get the same numbers but on different rentals, since he still wants the page 2. Or if he was smart that's what he was doing. Or maybe he's using my numbers to do his own return. dunno. But I don't want my name on the thing anywhere.

    BTW, he did not pay me.
    Tags: None
    #2
    I'm pretty sure

    that last part is the one that saves you. Here is a link to Cir, 230 - you're looking for page 18, Section 10.28(a) and (b).
    http://www.irs.gov/pub/irs-pdf/pcir230.pdf


    Basically, my reading says you have to return everything to the client, including the return, unless "the practitioner is withholdingsuch document pending the client’s performance of its contractual obligation to pay fees with respect to such document." (from the end of section b).

    Hope this helps.

    ATG
    "Congress has spoken to this issue through its audible silence."
    Anyone ever notice they beat the daylights out of the definition of a child, but they don't spend much time at all defining "parent"?

    Comment

      #3
      simple answer

      Originally posted by joanmcq View Post

      BTW, he did not pay me.
      You are under no obligation at all and that is the reason.

      Now go and enjoy and send me a postcard.
      ChEAr$,
      Harlan Lunsford, EA n LA

      Comment

        #4
        All My Problems

        I am tardy on everything, don't half do my work, don't take responsibility for anything, and push all the fallout pressure upon those around me. Also I am looking for a spouse to put up with all this.

        In short, I would like to convert all MY problems into YOUR problems!

        Are you available??

        Sorry for the jest, I couldn't resist the irony. Don't let this guy make his problems your problems.

        Comment

          #5
          Divorce

          Joan, I love you and admire your tax knowledge and willingness to share, but I don't think you fully grasp the concept of a DIVORCE. Please send this guy packing. He really doesn't have to be your problem any longer, unless you want him to be.

          Comment

            #6
            Originally posted by Lion View Post
            Joan, I love you and admire your tax knowledge and willingness to share, but I don't think you fully grasp the concept of a DIVORCE. Please send this guy packing. He really doesn't have to be your problem any longer, unless you want him to be.
            That is the most brilliant, succinct, and to the point advice I've ever seen, Rita.
            ChEAr$,
            Harlan Lunsford, EA n LA

            Comment

              #7
              Thank you

              Why thank you, Harlan. I do free returns for friends and family, but my ex-spouse is neither! Just hoping to reduce Joan's stress level.

              Comment

                #8
                Good thread.

                I agree with those who responded to Joan's inquiry and appreciated their comments. IMO, Joan need not be concerned about anything but how best to enjoy her vacation.

                Comment

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