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Understanding IRS’s Innocent Spouse Rules

Writer's picture: Lenard de Guzman, EA, NPTILenard de Guzman, EA, NPTI


Question: I’m currently separated from my spouse, who owns his own business, and we are amid getting a divorce.  I have always filed jointly with my husband and now the IRS is sending me notices stating I owe $87,000.  I have no idea how they are coming up with this amount as my spouse always took care of paying the IRS what was owed.


Answer:  You may be able to avoid this liability entirely under the IRS’s Innocent Spouse Relief rules.  Under federal law if an income tax return is signed by both husband and wife, both spouses are 100% responsible for the taxes owed.  However, the law permits special consideration where a spouse cannot be held responsible for the underreporting of income or the understatement of tax that are attributable to the other spouse.

If you meet the following criteria, you may be able to apply for Equitable Relief under IRS’s innocent spouse rules:  If the amount reported on your joint tax return is correct but wasn’t paid with the return you may be eligible. Or, if you feel you were deceived by your spouse or tricked into signing a return you thought was correct this will help your case too.  There are many other ways you may be eligible for relief under the IRS’s innocent spouse rules, and we can help sort this out and determine the proper path for resolution.


We at IRS RESO are experts in IRS tax problem resolution and help taxpayers with their IRS Problems every day.  There is a solution to EVERY problem. Call us today 310-857-4438 for a FREE confidential consultation to find out what your options are.

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