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#650 - 02/13/01 02:55 PM imaged checks
Anonymous
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We just started offering imaged checks and of course have also started receiving letters from customers questioning whether or not the IRS will accept imaged copies of the checks as evidence or proof of payment. Can anyone help me locate information supporting whether or not the IRS accepts imaged copies of checks? In addition, we also received a letter stating that they (the customer) purchased the checks and that they are the owner of the checks and should therefore receive the checks back. Where can I go to show that the check is a demand instrument and once issued that it becomes the property of the bank?

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#651 - 02/13/01 03:12 PM Re: imaged checks
Andy_Z Offline
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Andy_Z
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Posts: 27,553
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Don't you love the launch of a new service that will make it easier for everyone...except us.

I saved this for reference. I haven't verified it mind you, but I haven't been challenged either.
"The Federal Rules of Evidence, Article X, Rule 1003 Admissibility of Duplicates states A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original."

You might also reference to your customers (assuming this is the case in your area) that more and more banks are going to this more efficient system.

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Andy Zavoina
Opinions stated are not necessarily that of my employer.

[This message has been edited by Andy Z (edited 02-13-2001).]

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AndyZ CRCM
My opinions are not necessarily my employers.
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#652 - 02/13/01 03:16 PM Re: imaged checks
Andy_Z Offline
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Andy_Z
Joined: Oct 2000
Posts: 27,553
On the Net
A footnote coming to mind, you might also check your state laws as to this and to the release of items.

Texas law also requires that in the case of truncated statements that we provide two free researched item copies per month. You may have to allow for that in your fee schedule if you have similar scenarios.

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Andy Zavoina
Opinions stated are not necessarily that of my employer.

_________________________
AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

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#653 - 02/13/01 08:26 PM Re: imaged checks
StevenD Offline
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StevenD
Joined: Nov 2000
Posts: 489
KY
This could possibly be a moot point anyway. The IRS won't even accept the ORIGINAL check as evidence of a charitable contribution. You need to get a signed affadavit from the recipient.
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Opinion expressed are my own and not necessarily those of my employer.

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