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Ask The Taxgirl: Checking Out Other Folks’ Taxes

Kelly Phillips ErbApril 7, 2009May 17, 2020

Taxpayer asks:


Can lawyers, students studying for their bar check into others tax returns and see how much they received back from their taxes for any given year?



Taxgirl says:

As I understand it, you’re asking whether you can snoop around and see how much other people paid or received in taxes…
Um, no. A big no. Tax returns are not public record unless voluntarily disclosed to the public for purposes of, say, running for office.

Even a tax pro representing a client cannot have access to taxpayer records without the express written consent of the taxpayer via form 2848 (IRS form of Power of Attorney). In some cases, a non-IRS Power of Attorney may be accepted.
Those eligible to sign a form 2848 are:

  • Attorney
  • Certified Public Accountant
  • Enrolled Agent
  • Officer of a corporation
  • Certain Full-Time Employees (for example, Comptroller or Accountant)
  • Family Member (spouse, parent, child or sibling).
  • Enrolled Actuary
  • Unenrolled Return Preparer
  • Enrolled Retirement Plan Agent

The only exceptions on the form 2848 for students are those participating in LITCs and STCPs.

And just because I used to be a law student and I know how you think, an attorney is defined as “a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth, or of the District of Columbia” – so law students sitting for the bar do not qualify.

Before you go: be sure to read my disclaimer. Remember, I’m a lawyer and we love disclaimers.
If you have a question, here’s how to Ask The Taxgirl.

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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One thought on “Ask The Taxgirl: Checking Out Other Folks’ Taxes”

  1. Michelle says:
    January 18, 2010 at 4:04 pm

    Hi,
    what if someone ownes their own business and they only have two people that are on the “books”. That they actually pay a check to, and the rest they pay by cash? And they are making millions but they are not claiming it? Is it easy to turn in this kind of a person? If you help the IRS with the names of the people that are being paid cash? Is it easy for them to find out the millions that were not paid in? And, if you help the IRS, are you guaranteed to be paid for coming forth with the information?

    Reply

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