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.

I'm really sorry for your loss, Oliver. What a terrible situation to deal with during an already difficult time. That "preparer" clearly violated professional standards by lying about filing the returns and then refusing to return your parents' documents. In addition to all the excellent advice about Form 4506-T and contacting income sources directly, I'd suggest documenting everything for potential legal action. Send that CPA one final certified letter demanding return of all documents within 10 business days, and explicitly state that her failure to file the 2022 returns and refusal to return client property may constitute professional negligence. Also, since you're dealing with an estate, make sure to file Form 56 (Notice of Fiduciary Relationship) with the IRS as soon as possible. This formally establishes your authority to act on behalf of the estate and can help expedite your other requests. The IRS does have provisions for "reasonable cause" penalty relief in situations exactly like yours where a preparer's misconduct caused the filing delays. Keep every email, text, and record of attempted contact with this person - it will be crucial evidence for penalty abatement. You shouldn't have to deal with someone else's professional misconduct while grieving and settling your parents' estate. I hope you can get this resolved quickly.

I'm so sorry for your loss and the additional stress this situation is causing during an already difficult time. This is unfortunately more common than it should be, and you're dealing with a clear case of professional misconduct. One thing I haven't seen mentioned yet is contacting your state's Attorney General's office consumer protection division. They often have specific procedures for dealing with tax preparers who refuse to return client documents, and they can sometimes get results faster than board complaints alone. Also, if your parents had any financial advisors, insurance agents, or even their mortgage company, these professionals often keep copies of tax returns that clients provided for various purposes. It's worth reaching out to anyone who might have done business with your parents to see if they have copies on file. For the immediate IRS contact issue, try calling the Practitioner Priority Service line at 866-860-4259 if you can establish that you're dealing with preparer misconduct. While it's technically for tax professionals, they're sometimes more helpful with complex estate situations involving bad preparers. Stay strong - you're doing everything right, and the IRS will work with you once you get through to them. Document everything, and don't let this person's unprofessional behavior discourage you from pursuing all available remedies.

I'm so sorry for the loss of both your parents and the additional burden this irresponsible preparer has put on you during such a difficult time. This situation is infuriating but unfortunately not uncommon. Here's a prioritized action plan based on what's worked for others: **Immediate steps:** 1. File Form 56 (Notice of Fiduciary Relationship) with the IRS immediately to establish your legal authority 2. Submit Form 4506-T requesting wage and income transcripts for 2022 - this will show you all reported income even if no return was filed 3. Send the CPA a final certified letter demanding all documents within 10 business days, stating you'll file complaints if she doesn't comply **For getting help faster:** - Contact your state's Attorney General consumer protection division - they often have specific procedures for tax preparer misconduct - File complaints with your state board of accountancy and include all documentation of your attempts to retrieve the documents **Document reconstruction:** - Contact all potential income sources directly (pension providers, Social Security Administration, banks, investment companies) with death certificates and executor documents - Check with any financial advisors, insurance agents, or mortgage companies your parents worked with - they often keep copies of tax returns clients provided - Review bank statements for quarterly estimated tax payments to the IRS The IRS has reasonable cause provisions for situations exactly like yours. Keep detailed records of every attempt to contact this preparer - it will be crucial for penalty abatement later. You're handling this exactly right, and the IRS will work with you once you get through to them. Stay strong!

I'm so sorry for the loss of both your parents, Oliver. What an incredibly frustrating situation to deal with during an already difficult time. This preparer's behavior is completely unethical and unfortunately all too common. Based on the excellent advice already shared, I'd add one more resource that might help: consider reaching out to the Taxpayer Advocate Service (TAS) at 877-777-4778. They specifically help taxpayers who are experiencing financial difficulty, facing an immediate threat of adverse action, or haven't been able to resolve their tax issues through normal IRS channels. Your situation as an executor dealing with unfiled returns due to preparer misconduct would likely qualify for their assistance. TAS can often expedite transcript requests and help coordinate multiple issues with the IRS more efficiently than trying to handle each piece separately. They also have experience with reasonable cause penalty abatement for situations exactly like yours. Also, when you do get through to the IRS (whether through the regular channels or one of the services others have mentioned), ask specifically about "First Time Penalty Abatement" in addition to reasonable cause relief. If your parents had a clean compliance history before this situation, they may qualify for automatic penalty relief on certain penalties even without having to prove reasonable cause. Document everything you're doing to resolve this situation - your proactive efforts will work in your favor when it comes time to request penalty relief. You're handling this exactly right despite the preparer's complete failure to meet her professional obligations.