Opposing party has provided only w2's since 2005. Opposing party states that he has not filed individual returns for 2006-2011. I can't rely on anything he says. He may be trying to
cover up other sources of income by providing that statement. What I want to know is, who must prove the truth or falsity of that statement? And/or can I require him to provide his tax transcripts via irs 4506-t's? Or can i do a notice of non-party production (although he can object) and then subpoena duces tecum? Or will I have to get Order from the Judge to require him to provide that info? What is the best way to get that information? 4506-t is proper form to use to find out if returns have been filed or not.
Thanks for any and all suggestions.
The Form 4506-T has to be signed by the taxpayer or his/her authorized representative. I do not think this will help you.
Typically the best way to get to income (and perhaps ability to pay) is through normal court discovery procedures -- interrogatories, production of documents, perhaps a deposition -- but it depends on the situation.
You need local counsel to be involved and help evaluate your strategy, goals, resources, and history to really get a proper answer.
This answer or response should not be considered legal advice, and does not create an attorney-client relationship. If you have further questions, I would be glad to discuss your situation further. I can be reached at US - (801) 746-6300, or online at -- http://www.lewishansen.com/attorneys/robinson.html
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Estate Planning Attorney
Not very much will happen until you hire an attorney to start the legal discovery process.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
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