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Help! Really need help on this one

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What is the name of your state? Missouri

What is the name of your state? MO

My brother-in-law is the executor of my Father-in-law's estate. FIL passed away 4/26/2006. In order to properly discover debts and assists, I believe that my brother-in-law should have a copy of his father's tax return for 2006. The accountant is not sure that he can give my BIL my FIL's return. I believe that there are assets as yet undiscovered and the tax return would include much needed information; for instance: dividends earned on stock, so that we could determine any stocks to be included in the estate. Also we are looking for income from rental property that seems to have disappeared and lastly, being a good German, we believe that he may have had a safe deposit box at a bank to keep his records. He would have taken the rental of the safe deposit box off of his taxes as a repository for his tax papers.

The evil stepmother is being very difficult, and the kids deserve to receive what their father left to them. Did I mention that the evil stepmother has already received well over $250,000, not including half of FIL's pension for the rest of her life and the ownership of a nice vacation home and of course, a life estate in his home. This is getting very ugly and I want to help the heirs settle very quickly and fairly.

We need to get the 2006 Tax return. Is there a (legitimate )reason that the accountant can refuse?


Thanks!

Mike
 


tranquility

Senior Member
Well, a couple of reasons come to mind (depending on the facts). The first is if stepmother is on the return as well (joint return). Then accountant would be prohibited by ethics, federal regulations and, in some states, law from releasing the return without her consent.

Otherwise, he can just not want to. Stepdad was in privity with the accountant, not stepdad's estate. The accountant does not have a duty to keep the return. (Generally, although everyone does for practical reasons or for e-file laws.) Nor is there a legal requirement to turn over a copy of the return to the client, let alone to his estate. He only has to turn over the portion of the file which is the client's if the client requests it. I am uncertain if that right extends past the client's life.

Why fight the accountant? Go to the IRS and get a form 4506-T. I'm pretty sure only one spouse is requred to sign--even if it is a joint return. (Executor would need to swear he has the right to sign/ask for the return.)
 
Thanks!

Thank you I appreciate your help. It was a joint return. The stepmother is rapidly disposing of assets from the estate that are not marital property. She has been a gold digger and is trying to ensure that the natural children receive as little as possible from thier father's estate. I will try the IRS form route.

Thanks again!

Mike
 
Tax Return

Thanks for all of your help. The accountant did forward the tax return. The widow has also disposed of even more stuff than we thought. She is a slippery one, she is. Now the executor is being served with a TRO for "harrassment".
 
Thanks for the Help IRS Was Very Cooperative

My BIL filed the forms and the IRS was very helpful. He had incorrectly completed the forms and the folks @ the IRS helped.
 

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