Help! Divorcing client being pushed by attorney to complete 433-F

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  • #34341
    Mandy Kleinhans
    Participant

    Help! I’m very green when it comes to representation work for my clients. I am incredibly excited to get started…but need a little guidance.

    Here’s the back story in a nutshell:
    Self-employed (sched C) contractor owes back taxes for 8 years (all said and done with penalties/interest/etc we are talking somewhere in the area of $200K). All returns are filed (but for 2018…filing next week), just not paid. I have NO DOUBT in my mind that I can prove him to be incollectible. He is now filing for divorce and the divorce attorney is required him to file the 433-F. Will this damage my ability to prove incollectibility? Does this form need to be completed now…or when we work the the rest of this case?

    Again…help. Please.

    #34365
    James Wade
    Participant

    Amanda,

    Just a follow up. Why is the attorney requiring him to complete the 433-F?

    As an aside, normally in a divorce the attorney has to prepare a financial statement of sorts for the court. Make sure to get a copy to ensure both are consistent with each other.

    If the attorney wants to file something with the IRS maybe you can suggest that you can handle that and in the process you can help the client fill out any paperwork for the divorce proceeding. Most attorneys are numbers people and will welcome not have to worry about that.

    My two cents. Good luck.

    Jim Wade

    #34370
    Eric Green
    Keymaster

    Amanda, I would complete the 433-F anyway because youll need it to get him into CNC, but I agree with James its a bit weird that the divorce attorney is asking for it.

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