How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111540
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Question of release business tax filing info

This answer was rated:

Question of getting business owner's tax and 1099 payment information. This is related the question we have been talking about. The plaintiff has defendant's business tax filing of 1120S. The defendant's business (before sold to plaintiff) filed 1120S which contains labor cost paid to doctors the defendant hired. But the 1120S does not indicate to whom the labor cost paid to. The 1099 issued by the defendant to a doctor should show the name and tax id of the receiver. The question is how the plaintiff get the 1099 filed by defendant? If the plaintiff contacts IRS, will the IRS release such information? If not, does the plaintiff has get some legal permit in order to get defendant's tax information. This information will be a proof of the doctor who not having credential worked and paid by the defendant.

Thank you for your new question and for asking for me.

The 1099 forms are supposed to have a copy kept by the employer, but if they did not keep a copy, you can file for a subpoena to the IRS to obtain the information on all 1099 issued by the company under the defendant's EIN. Also, the defendant could request a copy from the IRS, but would have to file a form 4506-T to seek to obtain copies of the 1099 forms which are all on file and kept by the IRS.

Thus, you can get the information by subpoena from the court to the IRS or the defendant can get the information by making a request to the IRS.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
I checked with IRS and cannot find a contact to submit subpoena. A second opinion said "There are non-disclosure laws in place which make it such that the IRS will NOT respond to federal or state subpoenas". If you have different opinion to above, let me know. Otherwise, I have to go the second option in your suggestion:
"file a form 4506-T to seek to obtain copies of the 1099 forms which are all on file and kept by the IRS".
Thank you for you follow up.

The IRS will issue copies of tax returns in response to a subpoena, but requires a court hearing and proof they cannot be obtained through any other means. The IRS is not above court subpoenas for records, despite what they seem to be saying over the last few weeks. However, getting a subpoena for tax records is not as easy as getting regular subpoenas for records and you have to show no other reasonable means can be used to obtain the subpoena. However, you can also motion the court to order that the defendant file the 4506-T or sign a form 8821 (power of attorney authorizing you to obtain copies of the records). These are your other options.
Law Educator, Esq. and 8 other Legal Specialists are ready to help you

Related Legal Questions