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  1. #1
    Join Date
    Dec 2012
    Posts
    3

    Default How to Get Your Spouse's Tax Returns From the IRS During a Divorce

    My question involves a marriage in the state of: California

    Greetings,

    I have reason to believe that my soon-to-be ex-wife’s submitted tax returns (to the family court) have been altered. Therefore, to cover all bases, I would like to request those returns from the IRS.
    I’m not exactly sure about the mechanics of this procedure though. And my attorney, although she is very experienced, hasn’t handled such requests for a while now, so she is not sure on how to proceed either.

    I know we have to fill out and ask the opposing party to sign the IRS Form 4506 (Request for Copy of Tax Return) or Form 4506-T (Request for Transcript of Tax Return). But is there a specific sequence for this process?

    Do these forms have to be submitted to the opposing party’s attorney, along with the regular subpoena SUBP-10 and SUBP-25 forms?

    Any input will be greatly appreciated.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Get Your Spouse's Tax Returns From the IRS During a Divorce

    First of all, your wife has an attorney so everything goes through the attorney with a written request.

    If you bypass her attorney, she's just going to turn the papers over to her attorney who will intercede for her.

    Then, if your wife refuses to sign the forms, you go to court and have the judge compel her to sign the forms under pain of contempt.

    However, it's doubtful that any judge will compel her to sign them unless you have more than a vague suspicion for a fishing expedition. Especially if she swears under oath that they are accurate.

    Do you have any evidence to support your suspicion? Do you have any of her tax files? Are they somewhere in your home? On a computer? Have you examined any of the papers that she has already submitted: tax returns, W-2s, etc?

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