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Jonathan Tierney
Jonathan Tierney, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 322
Experience:  Tax Accountant at Praxair, Inc.
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Does one of your CPA/Attorneys have the ability to contact

Customer Question

Does one of your CPA/Attorneys have the ability to contact an IRS agent directly to find out whether or not a personal Income Tax Return for 2010 had been filed?
During our divorce,the court order that my now deceased husband and myself file our 2010 tax year jointly. It was determined by the executor of my former husbands daughter that his attorney file on behalf of both of us. I signed and returned all necessary forms to the attorney. He acknowledged he received them. They also hired the CPA firm of their choice to prepare Federal & State returns. The refunds were to be divided equally between us. I finally received my share of the State return but never received my share of the Federal return.
Their attorney was recently disbarred from practice for criminal actions that I just learned about recently when sending a certified letter to his office. It was returned to me as "no such addressee". My step-daughter (who hired him to represent her father (my ex-husband) refuses to speak to me.
I know I can go online and request a transcript but I am unable to speak directly to an IRS agent about this incident.
Is any expert in your organization able to simple get the information as to whether or not a 2010 return was filed?
I am very concerned about delinquency in filing a return and the fines and penalties associated with it.
Thank you.
Sharyn
Submitted: 2 years ago.
Category: Tax
Expert:  Jonathan Tierney replied 2 years ago.

Hi Sharon, my name is ***** ***** I want to thank you for trusting me with your problem.

I do not understand why you cannot talk to the IRS directly. Only one party to a joint return is required to request an account transcript. I have attached a pdf copy of IRS Form 4506-T and the instructions state that only one spouse needs to sign the transcript request. You can also go online at http://www.irs.gov/Refunds to see the status of your refund. It is always possible that IRS did not issue the refund because they calculated tax payments different or withheld the refund to pay another liability.

As a CPA I can only contact the IRS with a power of attorney which you should be able to sign though if you can approve a power of attorney you can also request a transcript yourself.

Once you get a copy of your transcript and you determine that the lawyer improperly took your refund you may be able to file a claim with the Lawyers Fund for Client Protection in your state in order to get your money. In addition, refund checks are made payable to both spouses and require the endorsement from each of them. They bank that cashed or accepted deposit of the refund check could be liable for the loss of the refund.

I hope this clears things up for you, and let me know the specific reason your not supposed to talk directly to the IRS. Thank you for the chance you help you with this problem and good luck tracking down your refund. Jonathan

Customer: replied 2 years ago.
Jonathon,
Can you telephone an IRS agent on my behalf to ask the above questions that I posed to you? I don't want a transcript. How can I give you power of Attorney to do this for me?
Expert:  Jonathan Tierney replied 2 years ago.

I actually do not see any question here that would not be answered by reviewing an account transcript. I would not want to deal with the IRS myself without an account transcript. Once you get an account transcript, I would be happy to review it for you as an additional service. You would just need to scan the transcript and upload the scanned file to this website. I could also discuss this with you on phone if you want.

I am reluctant to call the IRS because I would likely spend hours on hold and I think this can be solved by reviewing a transcript.

If you are not comfortable with this approach let me know and I will opt out of the question.

Good luck with whatever you decide. Jonathan