Legal Question in Bankruptcy in Florida

Obtaining W-2 IRS forms from bankrupt employer

I have been told that i will not be given a W-2 form from former employer (told this by his payroll firm, Paychek in Tampa, Fla.) becuase the employer still owes Paychek money for doing their payroll & tax records. Can a company withold IRS W-2 forms to the employee because they are owed money by the company that filed bankruptcy. they have a trustee who is unable to get the W-2 released. what exactly is the responsiblity in this area of the trustee and how would you obtain the W-2 for tax reporting.

thank you.


Asked on 2/16/99, 9:21 pm

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: W-2 IRS forms from bankrupt employer

You should have your pay stubs from which you may properly prepare you taxes. I urge you to keep those stubs. There is little you can do to get the W-2 form. Remember, IRS can subpoena Paychex' records, so be sure to accurately report.

Alexander M. Rosenfeld

Rosenfeld & Stein, P.A.

18260 NE 19 Ave


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Answered on 2/25/99, 3:11 pm


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