Your Legal Questions Answered
My husband passed away in 2020 and I’m supposed to receive his taxes from his CPA which she says she filed in 2020… It’s now 2023 and she keeps putting me off and telling me that the IRS is just super busy… I’m wondering if I have to take her to court or what I can do to receive my late husband’s tax returns.
If you filed the return married filing jointly with your husband you have a right to your tax return for that tax period. That is, you can request the IRS send you a transcript of your tax return for the tax period in question. You can make the request online.
If you did not file jointly with your husband, but you are the personal representative (executor) of his estate or an heir you can request a copy of his tax return and his tax return transcript under Section 6103(e)(3). Use IRS Form 4506 and IRS form 4506-T.
For more info see the IRS's website on how to Request Deceased Person’s Information.
Given the complexity of your situation, I would recommend finding a different CPA to help you make the filing. If you need to open a probate for your husband, please call us at (303) 688-0944.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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