Innocent Spouse

Here’s a quote from a website on innocent spouse relief that I found. The site belongs to Joe Mastriano, a highly experienced CPA with a lifetime of experience in tax problem solving and IRS representation…

1. You filed a joint return. (A copy of the return is good.)

2. There is an understatement of tax on a joint return attributable to errors of the other spouse. A copy of the return showing a liability would qualify, or show that the liability was the result of an audit. Then show that it was from his income and deductions and not from yours.

3. Show that when you signed the return, you did not know or had reason to know of the understatement of the tax. Here is where they get you. If there was a refund or a small liability on the bottom line, or the taxes were a result of an audit, this is less difficult to prove. But if the big liability you are trying to get out of is staring at you on the bottom of the second page of the Form 1040, not far from where you put your signature, you will have a big fight from the IRS trying to prove you didn’t know that the taxes were owed! Different parts of the country have different interpretations of this. It is important to do your case research. The knowledge part should be satisfied if you did not know or have reason to know at the time the return was signed, that the taxes would not be paid. You must establish that it was reasonable to believe he would pay the liability. I won a case where the therapist of the separated couple assured my client that he would pay the tax, even though he had previous tax liabilities. Given the nature of therapist and clients, it was reasonable for her to accept her therapist’s professional evaluation of her husband, which included her opinion and reassurance to her that her husband would pay the taxes. The IRS accepted this.

If you are looking for innocent spouse claim help, please visit our website at www.taxproblem.org.

4. It is inequitable to hold you liable for the joint tax. (Here you not only show that it is his, but show that you never benefited from the money. If he bought you fancy clothes, a new car, house etc. with the money, then the IRS will want you to pay the tax on it.)

5. You must show that you are making this claim within two years after the IRS first began collection activities. (In my experience, my clients usually think it started after it really did.

All you need to know about taxes and the IRS is available freely on Joe Mastriano’s website, and he also has a comment section where he provides quick tips and advice to his users. If you are ever in need of help with your innocent spouse case, call Joe Mastriano’s office and you’ll be in safe hands.

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