Mass married couple (now divorcing) wants copy of dummy fed return

[delaney]

Am I obligated to provide to divorcing gay couple a copy of the "dummy"fed return that I prepare in order to get the MA MFJ return to calculate? They are not considered married for Fed purposes so we file one HOH and one single. Now they are divorcing and one is requesting this...

I believe that the "dummy return" is considered MY workpaper and therefore I do not have to provide it.

I do know I would need both client's permission to give out any information like this if I am required to give it out....

I would appreciate any guidance/suggestions etc.
Thanks in advance.

PS For 2009 I am not preparing tax returns for either of them.....they both have found new CPA's

[luke]

No

"PS For 2009 I am not preparing tax returns for either of them.....they both have found new CPA's"

In that case NO I wouldnt provide - let their "new" CPA create it just as YOU had to?!

[taxea]

You would need a signed waiver from the other side and if they have a CPA why are you being asked to do this? I wouldn't

[delaney]

more info...they each hired a different CPA

There are now 2 different CPA's as each party has hired a separate CPA. Party A wants copies of these "dummy" returns back to 2004.

Will definately get permission if I have to provide, but don't want to provide. They aren't complete returns, but are just used to get numbers to flow to MA.

Thank you for the help....really appreciate it.

[ChEAr$]

Just to add to taxea's tag line:


"Document Document Document".....
AND charge for it!

This is also a memo to myself.

[taxmom34]

they each have a copy of their federal return and a copy of the mass return . why do they want the dummy fed return? let the new CPA 's figure it out. this is part of your own worksheets, do you give out your notes and worksheets?

[Lion]

Married

I would think that either one could request copies of their returns from years when they were married. However, to me that would mean the separate federal of the person requesting and the MFJ MA -- and not the dummy federal MFJ that was not filed. And, definitely not the federal for the spouse of the requester. Check with your E&O or the state of MA, since this is not a national issue! And, charge for copies. They got a free one before. Tell them to file Form 4506 or 4506-T with the IRS for copies. (They won't get your MFJ dummy, of course.) Ask them to have their new CPA copy them on the cite that would require you to provide work papers. You only have to keep a list of filed returns; so you could purge returns for those years for non-clients.