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Serving a Subpoena on the IRS


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#1 Evan

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Posted 12 November 2010 - 10:24 AM

Child support modification has been in front of the court for 16 months in my case, and through 5 continuances, as my ex has failed to file an Income and Expense declaration, and has hired two different attorneys at the last minute before hearing dates. The Court has ordered her several times to produce recent tax returns, and she has failed to do that.

I am working with a paralegal service to complete discovery, and have no alternative but to resort to subpoenas to show Ex's true income. Ex is self employed, and sole propriertor of her own consulting business that is generating 20K per month income, more than 5 times the monthly income that Ex has declared in her testimony before the Court. Ex has paid cash for a rental property while the OSC for child support modification has been before the Court,and now also has rental income that she has failed to disclose to the Court.

The paralegal tells me that it is a waste of time to serve a subpoena on the IRS for Ex's tax records, that they will not respond. I don't understand why the IRS would not produce the records in response to a valid subpoena. Can anyone offer a qualified opinion about this? I need to move forward with discovery ASAP.

thanks!


#2 Jim Reape

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Posted 12 November 2010 - 02:19 PM

It is a Federal entity and does not have to nor will it obey a state court subpoena. You are better to have the court order her to sign the IRS form for the release of the "as filed" return.

#3 Evan

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Posted 13 November 2010 - 04:24 PM

QUOTE(Jim Reape @ Nov 12 2010, 02:19 PM)
It is a Federal entity and does not have to nor will it obey a state court subpoena.  You are better to have the court order her to sign the IRS form for the release of the "as filed" return.

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#4 Evan

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Posted 13 November 2010 - 04:27 PM


Thanks Mr. Reape. In that case, would a subpoena served on the State Franchise Tax Board have better results, since the tax information filed regarding state income tax is essentially the same as the federal tax forms?

#5 Jim Reape

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Posted 15 November 2010 - 07:37 AM

You will run into the same problem as California has a constitutional right regarding privacy and no tax return will be released.




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