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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 6238
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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How can I get a copy of a 709 that the PR and their attorney

Customer Question

How can I get a copy of a 709 that the PR and their attorney will not release. Was done Apr 13, 2015
thank you
Submitted: 1 year ago.
Category: Tax
Expert:  Stephen G. replied 1 year ago.

The 709 is not a public document. What is your relationship to the Donor?

Expert:  Stephen G. replied 1 year ago.

A Court would have to order the release of the document, but you would have to have some valid standing to request the Court to do so. The Court may order the release in connection with a divorce or if they deemed you to be a party in interest.

Customer: replied 1 year ago.
The grantor was my mother and she died 2 Jul 2010.
Customer: replied 1 year ago.
The PR are my sister and brother.
Expert:  Stephen G. replied 1 year ago.

Did the gift involve real property?

Expert:  Stephen G. replied 1 year ago.

Are you referring to a Form 709 which is a gift tax return, or are you perhaps referring to Form 706 which is an Estate Tax Return?

Customer: replied 1 year ago.
farm land, duplex, insurance policy, etc. 709
Expert:  Stephen G. replied 1 year ago.

Well, are you saying they filed a gift tax return for your mother for a gift that occurred prior to her death?

What is it that you are trying to determine?

Customer: replied 1 year ago.
She made gifts between 1994 to 2000 and never filed the 709's. Her pr's filed them Apr 2015 but refuse to release the copies. 7 years of 709 were required by the IRS. I know they filed a 709 for year 1994.
Expert:  Stephen G. replied 1 year ago.

What is it that you are trying to determine, specifically?

All transactions (gifts, sales, mortgages, etc.) involving real property must be recorded in your local Registry of Deeds to be effective, so if she made gifts of real property, copies of the deeds transferring ownership of the property are available to anyone who requests a copy from the Registry of Deeds. Many (copies of deeds) are now available online.

Customer: replied 1 year ago.
I have copies of the warranty deed showing ownership. PR'S attorney went to court and is now say the irrevocable is now revocable trust. we have been in the courts since 2008. They did a nunc pro tunc order.
Expert:  Stephen G. replied 1 year ago.

OK, I see. But the fact remains that the Court is your only remedy in terms of obtaining access to the Gift Tax Returns on Form 709. These are not ordinarily public documents any more than your income tax returns are.

I still don't really understand what it is that you are trying to find out?

Customer: replied 1 year ago.
How to get a copy of the 709 for gifts given 1994. what court do I need to go to federal or district?
Expert:  Stephen G. replied 1 year ago.

That would depend upon why you are seeking the order. It sounds like you would be contesting something in the Probate Court handling your mother's estate. If the Judge finds that you have a valid reason for wanting the 709s, he can simply order the Attorney to turn them over to you. Of course the Attorney may object for a number of reasons, not the least of which is to protect the Privacy of your mother's actions, Attorney/Client Privilege, etc., and then the Court will have to decide if your reason for wanting the returns is valid enough to overcome the Attorney's objections.

Expert:  Stephen G. replied 1 year ago.

Again, what are you trying to find out? There may be other ways to obtain the information you seek.