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How do I file motion to quash subpoena?

Brooklyn, NY |

IRS has sent a subpoena to my bank. How do i file the motion to quash and what are the the reasons i can use.

Attorney Answers 4


  1. There is likely nothing you can do.


  2. If you don't know the reasons why you want to quash the subpoena now, you are not likely to be successful.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


  3. While I understand why it is that you may want to quash a subpoena the IRS issued to your bank, that wouldn't be a legal reason. You are unlikely to prevail but feel free to consult with an attorney in person. S/he could review with you what, of any, legal reasons there might be.


  4. Bankruptcy stops some civil actions, but usually not IRS investigative actions. Bankruptcy would stop court & collection civil actions.

    You didn't state the underlying action behind the subpoena (criminal or civil). Nor did you indicate what the subpoenas are relating to. (crime?, tax audit?, badges of fraud?)

    Are the subpoenas an attempt by an informant to wrongfully and maliciously incriminate you? It may get much more complicated if you have to establish a wrongful informant and his/her malice.

    Please remember to designate your question's BEST ANSWER.

    Curt Harrington
    (562) 594-9784
    http://patentax.com/curt/index.html

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.