Can you demand an authorization from the IRS to obtain tax returns when the plaintiff is not self-employed? Thank you

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Absolutely, although if there is not a lost wage claim, you will probably be met with an objection from plaintiff counsel (at least in NY).

Defense counsel routinely asks for “last 10 years of tax returns “ in discovery. We would object to preserve the objection, but disclose tax returns notwithstanding and use them as highly persuasive proof. I started making prospective clients gather them as a prerequisite to accepting them as clients.

I always object to disclosure of tax returns on privacy grounds. If plaintiff is not self-employed, there are other documents (pay stubs, payroll reports) that are less invasive of privacy concerns, and typically courts uphold the objection if the defense brings a motion to compel (rare). After all, tax returns can include a bunch of stuff that is not relevant to the case, such as a spouse’s income.

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