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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 12601
Experience:  Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
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Obtain a third party tax information for legal purpose I

Resolved Question:

Obtain a third party tax information for legal purpose

I need to know exactly where and how to contact IRS to get
1099 filed by Company A in 2008-2010. I have no association with the company.
But I am in a legal lawsuit to the company's owner. I need to check how much and to whom the company paid labor cost on its 1099 filing. I know my attorney needs to subpoena IRS but how exactly to do it? Where is the contact? What kind of information request form to fill? Made phone calls to IRS but cannot find the right contact still.

I check IRS.gov and cannot find a way to find such information.
Submitted: 1 year ago.
Category: Tax
Expert:  Megan C replied 1 year ago.

MyVirtualCPA : Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.
MyVirtualCPA : Unfortunately, this information is going to be difficult, or impossible, to get from the IRS
MyVirtualCPA : There are non-disclosure laws in place which make it such that the IRS will NOT respond to federal or state subpoenas
MyVirtualCPA : Therefore, your only course to get this information would be to subpoena the company in question - make them get the tax records
MyVirtualCPA : They could then get the records from the IRS if they did not have them available.
MyVirtualCPA : So, there is no contact at the IRS for which to serve a subpoena
MyVirtualCPA : They are prohibited by law from disseminating information to someone other than the taxpayer
MyVirtualCPA : Please let me know if you have any further questions. Thanks again for using JustAnswer.com and have a great day
MyVirtualCPA : Please take a moment to rate my response as "excellent' so that I may receive credit for assisting you today
Customer: Thanks. That is new to me. The company has been dissolved. The company owner is the defendant. So, in this case should the plaintiff subpoena the defendant to obtain the tax information? The next question is how do the plaintiff knows the information from defendant is correct or not. The defendant is in conflict of interest to provide correct information if such information is against him/herself? IF FBI investigates fraud case, do they have to count on defendant to provide tax records? Sorry I am still confusing.
MyVirtualCPA : You would have to subpeona the defendant, yes. The defendant would get in significant trouble if they provided false documentation. The defendant can get the records directly from the IRS so you know it's correct. If the FBI investigates a fraud case, they are a governmental agency and therefore would have better access to the records. The FBI is different than a civil case.
Customer: One of the complaints the plaintiff filed is fraud even if this is on civil court. Who can cross check such tax record? Can the court do so if the plaintiff is in question the correctness? Without an ultimate way to verify such information, why the defendant care if he/she knows it is impossible for the plaintiff or a third party to verify the information.
MyVirtualCPA : You can make the defendant get the records directly from the IRS and get them to the court. However, the IRS cannot give you that information as a third party
Customer: The defendant already did false billing to Government healthcare in plaintiff's opinion. When dealing with such a defendant like criminal,
Customer: Okay, that makes sense. The IRS can send the information directly to court.
MyVirtualCPA : But, the defendant has to ask for it
Customer: if the defendant fails to do so, then he/she is in trouble.
MyVirtualCPA : Yes, they would be...although I don't knwo what type
MyVirtualCPA : all I can tell you is what the IRS can and cannot do...I can't go into much more detail than that
Customer: So, the plaintiff's attorney needs to subpoena the defendant to order such information with timeline attached.
MyVirtualCPA : Yes
Customer: Thanks a lot!! I wasted today to contact IRS and got nothing.
MyVirtualCPA : I'm sorry
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 12601
Experience: Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
Megan C and 2 other Tax Specialists are ready to help you

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