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We had passed through income of $2000000 on a government

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form in 2007. That pass-through...
We had passed through income of $2000000 on a government form in 2007. That pass-through income would have continued through 2012 the year that we divorced in one form or another. My accountant is a decent person. But he did tell me if I wanted to get all of our schedules that go with our tax returns that I would have to subpoena him for those. I feel that he was trying to give me a hint without spilling the beans and trying to be diplomatic. I think that I may need to subpoena those
Submitted: 5 months ago.Category: Tax
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Answered in 32 minutes by:
7/11/2017
Tax Professional: Matthew Breecher, Certified Public Accountant (CPA) replied 5 months ago
Matthew Breecher
Matthew Breecher, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 286
Experience: Director
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Can you please clarify the issue. Did you file a joint tax return with your former spouse? Was you name on that return? If so, you do not need to subpoena any record with your name on it; your CPA is required to turn it over.

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Customer reply replied 5 months ago
it was a joint return the whole time. When I asked him for it he said I needed to subpoena him. I would like to get our tax returns and schedules and notes. What do you suggest?
Customer reply replied 5 months ago
I'm heading to a meeting in a few minutes. I would be finished in an hour and a half at 11. What do you suggest?
Tax Professional: Matthew Breecher, Certified Public Accountant (CPA) replied 5 months ago

Which state are you in? I suggest you ask him for all documents with your name on them. As a CPA, we must follow all state laws and, nearly all states, not to mention our code of professional conduct, requires that we turn over "client documents" upon request. If you name is ***** ***** document, it is a client document.

...

You can start with a polite request informing the CPA that you are requesting records under (Statute ###) and if he fails to comply, you will both subpoena the records and file a compliant with the State Board of Accountancy and the AICPA. He may have in his possession information with only your former spouses name, which you would not be entitled to without a subpoena. Maybe he just doesn't want to go through the headache of separating it. However, that is no excuse for failing to turn over client records upon request and if I was you I would file the compliant anyways.

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Tax Professional: Matthew Breecher, Certified Public Accountant (CPA) replied 5 months ago

If you tell me your State, I will look up the rules and provide you a quick little summary request.

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Customer reply replied 5 months ago
Sorry, montana.
Tax Professional: Matthew Breecher, Certified Public Accountant (CPA) replied 5 months ago

Here is the rule:

24.201.723 RECORDS

(1) A firm, licensee, or practice privilege holder shall furnish to the client or former client, upon request made within a reasonable time after original issuance of the document in question:

(a) a copy of a tax return of the client;

(b) a copy of any report or other document issued by the firm, licensee, or practice privilege holder to or for such client;

(c) any accounting or other records which the firm, licensee, or practice privilege holder obtained from or on behalf of the client which the firm, licensee, or practice privilege holder removed from the client's premises or received for the client's account, but the firm, licensee, or practice privilege holder may make and retain copies of such documents when they form the basis for work done by the firm, licensee, or practice privilege holder; and

(d) a copy of the firm's, licensee's, or practice privilege holder's working papers, to the extent that such working papers include records which would ordinarily constitute part of the client's books and records and are not otherwise available to the client.

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