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What should I do , if anything , if a tax preparer misplaces my W2 and 1099s ?

Albany, NY |

Although my taxes were filed, my preparer did not send back the above mentioned forms when he mailed me the copies of my returns as he usually does. He claims they were in the envelope, but they definitely were not. I hope he didn't send them to someone else. Should I be worried?

Attorney Answers 4

Posted

First, do not worry. Tax preparers keep a copy in their files (many times they are scanned into the ta preparation program.) If the preparer cannot find them (things can sometimes be misfiled!) simply get a copy of the W-2 from your employer and the 1099s from the banks and other sources.

Relax, this is not a big deal.

Ron Cappuccio
www.TaxEsq.com

If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary for you to try prove this answer is "wrong" or something with which you do not agree. This is a free service for you based on limited facts. Nevertheless, many times you need to consult an attorney with the details to get actual advice specific to your concerns. Do not put too many details in your questions or comments because this makes the information public and could hurt you. Government Regulations contained in IRS Circular 230 regulate written communications about Federal tax matters, including e-mail, between us and our clients. This is another attempt by the government to limit your rights and to extend the control of government over individuals and businesses. Nevertheless, such communications are either opinions or other written communications. This is not an opinion. It is other written communication and was not written to be relied upon, by itself, to avoid any tax penalties. In order to receive assurances of protection from tax penalties from a written communication, you should get an opinion letter. If you would like to discuss an opinion letter relating to any matter, please contact me and I will explain what is involved and what it will cost.

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Bruce Givner

Bruce Givner

Posted

Ronald is correct.

Posted

Do not worry. Ask your prior employer for a copy of the W2 and 1099. They should be able to give you a duplicate original.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Bruce Givner

Bruce Givner

Posted

Jayson is correct.

Posted

The return preparer is also required to keep a copy of the w-2 for returns prepared. He should be able to produce a copy.

You have asked us to state an opinion based upon stated facts. You have not provided us with any documents, pictures, witness statements or other admissible evidence. The opinions stated are based upon general principles of law unless otherwise stated, which may or may not be applicable in your jurisdiction. Controlling law is also subject to change or reversal at any time. Any such changes may be retroactive and could significantly modify the statements and opinions expressed herein. Similarly, any change in the facts and assumptions upon which this opinion is based could modify the conclusions. We opine only as to matters expressly set forth, no opinions should be inferred as to other matters or to treatment of matters not specifically addressed. This opinion represents our best judgment as to the probable outcome of the issues discussed and is not binding on the courts or upon your adversaries. We can give no assurance that an adversary would not challenge our conclusions and prevail in the courts in a manner to cause adverse consequences. With respect to some of the matters discussed in the opinion, existing legal precedent may provide very little legal guidance. Although the opinions and views expressed are based on our best interpretations of existing law and what we believe a court would probably conclude if presented with the applicable issues, we can give no assurance that our interpretations would be followed if the issues became the subject of judicial or administrative proceedings. Realization of certain benefits described is subject to the risk that a tenant may challenge the treatment and that a court may sustain the challenge. Because you may bear the burden of proof required to establish a fact, the opinions expressed assume the you will undertake the effort and expense to present fully the case in support of any matter that you have asserted and an opponent might challenge. None of the advice provided here may be used to avoid tax liability, interest or penalties. If you want that level of assurance you will need to allow us to perform the full opportunity to explore the facts and law applicable to your specific circumstances. I provide answers here to allow people to see the style of communication and type of analysis applied to factual statements.

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Bruce Givner

Bruce Givner

Posted

Clayton is correct.

Posted

I agree with all the prior answers. You can also obtain the information contained in the documents from the IRS, however, if any state taxes were deducted they will not be reflected on the information you receive from the IRS.

lscampbell@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.

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Bruce Givner

Bruce Givner

Posted

Linda is correct.

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