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Category: Innocent Spouse Relief

Innocent Spouse: Are You Being Pursued for Taxes You Know Nothing About?

  A significant number of couples choose to file joint taxes to mainly take advantage of the higher standard deductions and other benefits that married couples enjoy. However, most of these couples do not understand the legal ramifications that come with the joint-filing status. The government, for example, is allowed to come after either spouse… Read more »

How Bankruptcy Affects IRS Collections

bankruptcy and the IRS

Bankruptcy and the IR Bankruptcy may temporarily delay collection activities by the IRS. However, some types of tax debt are not dischargeable in bankruptcy, so the IRS may be able to resume their collection efforts once the automatic stay is lifted.

Innocent Spouse Relief And What Constitutes Actual Knowledge

What is Actual Knowledge?

Innocent Spouse Relief When an individual becomes aware that they have been unjustly the victim of tax fraud by their spouse, or former spouse, they may be able to obtain relief from the IRS. In order to get innocent spouse relief, the applicant must provide proof that they had no “actual knowledge” or reason to… Read more »

What to Do If Your Spouse Has Requested Innocent Spouse Relief

How to file for innocent spouse relief

What happens if my spouse files for Innocent Spouse Relief? When the IRS grants innocent spouse relief to one spouse, it effectively shifts all the responsibility onto the other spouse. Instead of being able to go after either or both spouses for the amounts from a joint return, the IRS will only be able to… Read more »

How to File for Innocent Spouse Relief

How to file for innocent spouse relief

Steps to File For Innocent Spouse Relief The IRS requires taxpayers to follow two steps to apply for innocent spouse relief: Submit a completed Form 8857, Request of Innocent Spouse Relief Attach a statement explaining why you qualify for relief However, meeting these requirements is anything but simple. Form 8857 is long and requires detailed… Read more »

The Three Types of Innocent Spouse Relief

Typically, taxpayers who file joint returns are both responsible for the entire tax, interest, and penalties associated with that return. Innocent spouse relief can provide one spouse with an exception to the general rule of joint and several liability. For example, say your spouse earned all of the income and claimed all the deductions and… Read more »

What Is The Innocent Spouse Rule’s Equity Requirement?

equitable relief doctrine

Definition of Innocent Spouse Rule’s Equity Requirement In previous blogs we have covered innocent spouse relief and its three objective requirements for approval (understatement of liability, no actual knowledge, and less than two years from the first collection activity).  But if the IRS really wanted to split hairs and deny innocent spouse claims, they could… Read more »

What Are The Elements Of The Innocent Spouse Rule?

How to Get Out of a Joint Tax Debt Using Innocent Spouse If the IRS had a motto, it would definitely be show me the money. The Service will collect every dollar of tax revenue that it can using any means at its disposal. However, there are always exceptions, and the elements of the innocent… Read more »

Innocent Spouse Relief And Actual Knowledge

Proving lack of knowledge for IRS Innocent Spouse Relief can be challenging In most tax matters, such as tax fraud prosecutions, the IRS has the burden of proof. So, these matters are inherently difficult for the Service to prove. But in innocent spouse proceedings, the claimant has the burden of proof to establish innocence, which… Read more »

What If I Don’t Meet The Innocent Spouse Test?

Alternatives to Innocent Spouse for relief from joint tax debt Anyone who has ever seen a Cops rerun knows that, in criminal court, defendants are innocent until proven guilty. But in tax court, taxpayers are essentially owe what the IRS says they owe until they prove their innocence. Establishing this innocence is not easy. Even… Read more »