Innocent Spouse Relief and Spousal Relief

Innocent Spouse Relief

We have seen many cases whereby one spouse is liable on a joint income tax return because their spouse incorrectly reported items on a business return, failed to include and report income on the tax return and/or the taxpayers were audited.  A Columbus tax attorney at The McGuire Law Firm can assist you in determining whether you may qualify for innocent spouse relief or another form of spousal relief and thereafter draft, compile, submit and negotiate the spousal relief requests for you to potentially absolve or partially absolve you from the joint 1040 individual income tax debt.  There are three types of Innocent Spouse cases that can be submitted to the IRS, which are innocent spouse relief, injured spouse relief or equitable relief.  A Columbus tax attorney at The McGuire Law Firm can can assist and represent an individual regarding their request for spousal relief before the IRS.

What is Spousal Relief? 
Your former spouse or current spouse may have failed to report income or perhaps their business was audited and resulted in an addition assessment of tax that has not been paid.  The problem lies in the fact when a joint tax return has been filed.  Individual taxpayers who file joint tax returns have joint and several liability for the tax due on the return, meaning that each individual can be held 100% responsibile for the tax debt.  Yes, regardless of who earned the income or received the tax benefits, or which individual may have caused or created the tax liability, the IRS can legally collect the entire tax amount from either spouse.  Further, even if a taxpayer has divorced and their ex-spouse has agreed to pay the tax debt through the divorce decree, the IRS does not have to abide by the divorce decree and the IRS can still the pursue collection of the tax from the “non-liable” spouse.
 

What Do I Need to Prove or Show the IRS?
In short, you need to prove the existence or non-existence of certain factors, such as you did not know (or have reason to know) of the unreported income or incorrect items when you executed and filed the 1040 individual income tax return as married filing joint to qualify for innocent spouse relief.  The other forms of spousal relief may have more subjective or equitable factors involved and the determinations are made on numerous elements or qualifications.  Speak with an Columbus tax attorney at The McGuire Law Firm to discuss your facts and circumstances if you feel you may qualify for spousal relief from your joint tax debt.
 
Contact our firm to schedule your free consultation with a Columbus tax attorney!