Can I Send a Letter From the IRS to the Court and My Ex, Rather Than the Tax Return?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“I have recently received a request signed by the Circuit Court Clerk that I have to send a copy of our 2011 Tax Returns to the court as well as to my ex-wife. I will send them to the court for review by a judge as an order but I don’t feel that my ex-wife needs to see that personal information. Yesterday I received a Letter of Intent to Levy for the balance due to the IRS for 2011 nonpayment. My wife and I are currently unemployed and are making arrangements to set up a payment plan with the IRS. My ex-wife just wants to see if there was a refund that she can claim. Is a copy of this letter from the IRS sufficient for her to see that there was no refund or do I have to send her a complete copy of IRS forms as well as the court?”

Because you have received a communication from the Court stating that you need to send a copy of the return, it is likely that you will either need to send a copy of the return, or file something with the court (quickly!) requesting that you not be required to share the return. Because the local rules for each court are different, what you need to do is call the Clerk of Courts for the court in question, and ask them what you need to do to challenge the request for your return, and to provide the letter from the IRS instead.