Ethical Situation

[Uncle Sam]

I was approached by husband to prepare 2011 return.
I provided him with an engagement letter for a MFJ return.
Just after I gave the engagement letter to him - THEN he informs
me that while he and his wife WERE married in 2011 - they're considering
getting divorced.
The engagement letter was held up because wife had no problems with
filing jointly for 2011 or signing the engagement
letter - but refused to be responsible for paying
any part of the bill (stated on the engagement letter).
Both signed the engagement letter.
That issue got resolved - husband to pay 100%.

My question is - when giving the completed returns to them - knowing of
the pending divorce - do I provide EACH of them a copy of the returns -
or just one copy?

[S T]

Thinking out loud, if both signed your engagement letter, and they are filing a married joint return, it would seem you have an obligation to provide both of them copies of the 2011 return, regardless of the payment plan of your fees, or whether or not they are separating or divorcing.

Guess you could always just provide the "paying party of your fees" two copies of the return with a notation to provide to the other party.

I have encountered incidents in the past, where there was a MFJ return, the h/w have since either separated or divorced, and one has requested a copy of that return. I have always furnished the copy to them, as they were a "joint filer". I sincerely hope I was not incorrect in my decision making for that.

Sandy

[Gary2]

With both parties on the return, there are certainly no disclosure issues about providing the copies to either or both. So I assume the question is strictly about the service you provide.

Personally, I think it makes no sense to prepare a joint return while being willing to provide it to just one party. That's creating a situation in which the husband could be taking advantage of the wife - even if you don't see it happening. I think you have to go to the other extreme, making it clear that you'll only take the client as long as you can contact both spouses as much as necessary, and making copies available to both. You can't simply assume that all the information provided by one spouse is complete and correct, they way you might normally.

I would have one concern, which is the possibility of needing to advise one or the other of the advantage of filing separately due to liability issues (as opposed to MFS resulting in a better bottom line). In other words, if one spouse has self-employment or partnership income, where the other spouse isn't familiar with the business, you may need to put separate returns on the table, explaining it to both, even if the bottom line is worse. You don't want any risk of forcing this into an innocent spouse situation.

You should also point out that their respective attorneys are likely to want access to all the information you have, and will probably be entitled to it.

[Roland Slugg]

You've been asked to prepare a joint return? For taxpayers who are married to each other? Who both signed your engagement letter? And you will either be mailing the finished product to their home address or handing it to one of them in an envelope with both their names on the envelope? I can't think of any reason to print and deliver two copies, unless you're asked. Both spouses will be signing the return.

[ChEAr$]

Roland has the rights of it. I agree.

[RitaB]

I would

My question is - when giving the completed returns to them - knowing of
the pending divorce - do I provide EACH of them a copy of the returns -
or just one copy?

I would. Mainly to avoid doing it later, because there is a 92% chance the wife will ask me for it down the road. I'm pretty sure I am the only person in this town with a copier. And, it is against some local ordinance to make your own copy and fork over the three bucks at Staples.

[Kram BergGold]

agree with RitaB

Why make a big deal out of this. Just say, since you have told me you might be getting a divorce I decided to give each of you a copy of the return. Hopefully this will make your lives easier.

[Uncle Sam]

Ethical Situation

Thanks for the thoughts, all.

What I've decided to do is to provide each of them a copy. That way I won't have to get into a
squabble come the future when they'll need to refer to it. At least they're on speaking terms now.
Whether I get either, both, or neither of them in the future is really not concerning me.
If it becomes a conflict situation, I'll deal with it then.

[Burke]

I would. Mainly to avoid doing it later, because there is a 92% chance the wife will ask me for it down the road. I'm pretty sure I am the only person in this town with a copier. And, it is against some local ordinance to make your own copy and fork over the three bucks at Staples.

Ah, Rita. Where have you been?

[oceanlovin'ea]

making copies

She has probably been busy making copies since she has the only copier in town.

Linda, EA

[RitaB]

Ink needs to go on sale

Ah, Rita. Where have you been?

Hey, Burke! Just listening mostly, and copying everything.

She has probably been busy making copies since she has the only copier in town.

Linda, EA

You know it, Linda!

[S T]

As Rita says -
Pretty much do it now or do it later!
And inevitably we will all have to do it later agiain - one more time! as "someone" will not be able to find the first set of copies we furnished and are "wayyy to lazy to look for"

Somehow I get the impression that "all" if not most clients think we just have this "stuff" at our fingertips and it is our job!

At least PDF via email is a little easier, even though it takes time, but it does not "eat paper or ink and postage"

Sandy

[Snaggletooth]

Why the discussion?

Y'know, I don't even know this is even being discussed.

I guess it's my penchant for looking clearly through a smoky room, and seeing things for what they are. Maybe that's not so good as it can cause hasty oversimplifications sometimes. Simple is blissful at this point in my life - whether accurate or not.

But if you prepare a joint return that both spouses have to sign, it is axiomatic that both spouses are equally entitled to copies of returns. Doesn't matter who paid for it. Like Rita said, if things get ugly the returns can be subpoened, and if they don't get ugly then there should be no issue.

I believe either requesting spouse should be on the hook for your fee for printing/reproduction/time.

[JohnH]

Or maybe it's just as easy to hit the "print" button twice when printing out the client copy.

[RitaB]

That is certainly my experience

As Rita says -
Pretty much do it now or do it later!
And inevitably we will all have to do it later agiain - one more time! as "someone" will not be able to find the first set of copies we furnished and are "wayyy to lazy to look for"

Somehow I get the impression that "all" if not most clients think we just have this "stuff" at our fingertips and it is our job!

Sandy, you are so right!

I even had a guy come in yesterday, I had given him his completed return, a 1040-V, and envelope on 4/27. He said he couldn't find the 1040-V and envelope. I just printed him another, handed him an envelope, put a stamp on it for him. All with a smile. He talked to me for 30 minutes about life lessons and such. It didn't kill me, and he left telling me he appreciated me. I figure at the very least, he can't go around town whining that I nickel and dime him to death...