Innocent Spouse Relief

Our tax attorney are experienced in a variety of tax resolution services, including audit representation, tax examination appeals, enforcement action prevention, and bank levy and wage levy removals.

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Innocent Spouse Relief

Innocent Spouse Relief can relieve you of your tax liabilities, interest and penalties as a result of filing a joint tax return with your current or ex-spouse. Filing your taxes jointly can provide many benefits - and sometimes it can create problems. It is true that both taxpayers are jointly and individually responsible for the tax and any interest or penalty due on the joint return even if they later divorce.

The IRS will generally accept an Offer in Compromise when doubt exist that the IRS can't collect in full the total tax liability owed by the taxpayer. Offer in Compromise (OIC) is the most misunderstood solution to tax liabilities. Almost all Offers are based upon Doubt as to Collectibility and/or Doubt as to Liability. You have probably seen some Television Commercials make it seem like everyone will qualify for an Offer In Compromise. When in all reality and in the real World, very few are accepted.

If it is determined that the taxpayer is unable to pay the full balance, then a negotiated settlement can be made.

Our team works hard and deligently to research all possible resolution:
  • Innocent Spouse Relief
  • Separation of Liability
  • Equitable Relief
A thorough review & analysis review to determine specific resolution plan:
  • Determine Liable Spouse
  • Investigate Case Integrity
  • Draft IRS Form 8857 Innocent Spouse

Additional information on "Innocent Spouse Relief"

Innocent Spouse §6015(b) - There are many factors that takes place to determine if "Innocent Spouse" is determined by the Internal Revenue Service. You must be able to prove that you had no knowledge or reason to know that your tax return was filed incorrectly. The IRS would investigate possible fraud and other sources to verify if "Innocent Spouse" determined.

Separation of Liability §6015(c)- Once the IRS has determined that "Separation of Liability" is met, the IRS then allocates and divide the liability between the innocent sposue and the joint filer. To meet this plan, you must be divorced, widowed, or legally separated for at least 12 months ebofre the return in question is filed.

Equitable Relief §6015(f)- may apply when you do not qualify for innocent spouse relief or separation of liability relief for something not reported properly on a joint return and generally attributable to your spouse. You may also qualify for equitable relief if the correct amount of tax was reported on your joint return but the tax remains unpaid.

Disclaimers: - The information on this website should not be used in any actual transaction without the advice and guidance of a licensed tax professional who is familiar with all the relevant facts.