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Subpoena issued to preparer to produce tax return copies

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    #16
    Subpoena to issue Tax Return

    Sorry I haven't been on this site since my last question. But to answer TaxNJ question. Yes, I believe both regs 7216 and 301.7216-2 apply to this post. Both rely or supports the other.

    In fact, I sent the attorney a copy of that reg. They finally got a consent from the client and paid me my fee of $45 per return for 5 years of returns, and I released the returns to them last month.

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      #17
      Originally posted by Toobusy View Post
      Sorry I haven't been on this site since my last question. But to answer TaxNJ question. Yes, I believe both regs 7216 and 301.7216-2 apply to this post. Both rely or supports the other.

      In fact, I sent the attorney a copy of that reg. They finally got a consent from the client and paid me my fee of $45 per return for 5 years of returns, and I released the returns to them last month.
      Glad to hear you received payment for your extra work of a completed return vs. only a card file as stated below.

      You could have provided only a list, card file, or otherwise of the name, taxpayer identification number, and taxable year of the taxpayer (or nontaxable entity) for whom the return or claim for refund was prepared, and the type of return or claim for refund prepared;


      Since Section 6107(b) states (in part) as follows:


      (b) Copy or record to be retained. (1) A person who is a signing tax return preparer of any return or claim for refund shall—

      (i)(A) Retain a completed copy of the return or claim for refund; or

      (B) Retain a record, by list, card file, or otherwise of the name, taxpayer identification number, and taxable year of the taxpayer (or nontaxable entity) for whom the return or claim for refund was prepared, and the type of return or claim for refund prepared;

      (ii) Retain a record, by retention of a copy of the return or claim for refund, maintenance of a list, card file, or otherwise, for each return or claim for refund presented to the taxpayer (or nontaxable entity), of the name of the individual tax return preparer required to sign the return or claim for refund pursuant to § 1.6695-1(b); and
      Always cite your source for support to defend your opinion

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        #18
        Once you received a subpoena, it was clear the opposing side is serious about getting a copy of the returns. To make matters easier for everyone, why didn't you give a copy of the return(s) to your client and let him give it to the feuding ex-spouse?

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          #19
          Originally posted by ttbtaxes View Post
          Once you received a subpoena, it was clear the opposing side is serious about getting a copy of the returns. To make matters easier for everyone, why didn't you give a copy of the return(s) to your client and let him give it to the feuding ex-spouse?
          That question was answered in the reply posts. Have you read the reply posts and did it answer the question?
          Always cite your source for support to defend your opinion

          Comment

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