How to obtain deceased parent's tax forms after preparer won't release documents

I'm sorry about the loss of your parents. As an executor, you have legal rights to request and receive tax documents on behalf of the deceased. Here's what you can do: For the W-2s and other income documents, you can request wage and income transcripts directly from the IRS. You'll need to complete Form 4506-T and check box 8 for "Form W-2, Form 1099 series, Form 1098 series, or Form 5498 series transcript." Mark that you're the executor and include a copy of the death certificates and your letters testamentary/court documents showing you're the authorized representative. For previous years' filed returns, you can request tax return transcripts using the same form to see what was actually filed. If no return was filed for 2022 as you suspect, the transcript will show that too. You can also contact each income source directly (former employers, pension providers, banks, investment companies, etc.) with the death certificates and executor documents to request duplicate statements. In the meantime, send the CPA a certified letter formally requesting the return of all documents within 10 days. State that you'll be filing a complaint with your state's board of accountancy if she fails to comply.

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A little extra advice - if you can't get the documents from the original sources, you might also want to check with your parents' bank. My dad kept a file folder with tax documents, but only the current year. However, we found that his bank had scanned copies of his checks and deposits going back years, which helped us identify income sources we didn't know about. Also, call your state's Department of Revenue/Taxation. They're usually much easier to reach than the IRS and can often provide state tax transcripts that might include information that helps with the federal returns too.

Just wanted to add - file a complaint against that CPA with your state's board of accountancy. What she did is extremely unethical and possibly illegal. Refusing to return client documents is definitely against professional standards in every state. Include documentation of all your attempts to contact her. Even if the documents are lost, she should have admitted that rather than giving you the runaround.

I'm so sorry for your loss and the additional stress this irresponsible preparer has caused during an already difficult time. Beyond the excellent advice already given about Form 4506-T and contacting income sources directly, I'd suggest one more thing that might help speed up the process. Since you suspect the 2022 return was never filed, you may want to consider filing Form 1040X (Amended Return) marked as "superseding return" once you gather the necessary documents. This can sometimes be processed faster than waiting for all the transcript requests to come back, especially if you have most of the income information from direct sources. Also, don't forget about potential estimated tax payments your parents may have made throughout 2022. Check their bank records for quarterly payments to "IRS" or "United States Treasury" - these would create credits on their account even if no return was filed. The IRS is generally understanding about situations involving deceased taxpayers and unethical preparers, especially when you can document your good faith efforts to resolve the situation. Keep detailed records of every attempt you've made to contact the preparer - dates, methods of contact, and her responses (or lack thereof). This documentation will be invaluable if you need to request penalty abatement later.