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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118201
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Question of release business tax filing info

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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.

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Customer: replied 4 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.
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