Innocent Spouse
IRS
Do you think you may be an innocent spouse? The rules are complex but there is a provision in the IRS tax code that allows spouses or former spouses who have filed a joint tax return to be relieved of responsibility for any tax, interest, or penalties that may be due as a result of errors or discrepancies on the return. The tough part is demonstrating that you truly were innocent and providing a persuasive case to the tax authorities. We have successfully sought relief for dozens of innocent spouses and we are happy to evaluate if your case meets the criteria. Please schedule a free 15-minute consultation today.
Questions?
What’s the difference between an innocent spouse and an injured spouse?
An innocent spouse may be an injured spouse as well, or just an injured spouse, if their tax refund was confiscated and applied towards their (former) spouse’s past due debts. For example, if there was a court-order in place that mandated all refunds owed to your (former) spouse would be applied towards their past-due obligation, the injured spouse could apply for relief if their refund was inadvertently captured and sent to that agency.
How many applications for innocent spouse relief are actually approved?
The agents we’ve worked with at IRS always start by telling us that most applications are denied. The crux of the issue always stems from the fact that it’s hard to prove the ‘innocent’ spouse still did not benefit from what is often a more favorable tax position taken by the wayward spouse. So it’s not just the fact that your (former) spouse filed an incorrect/fraudulent return on behalf of both spouses (often going so far as to sign the unknowing spouse’s name), very often the innocent spouse still benefited by owing less tax. We’ve helped dozens of taxpayer successfully seek relief for innocent spouse, so contact us today if you think you might qualify.
Is there more than one type of innocent spouse relief?
Yes, there are three separate types of relief you may qualify for if the IRS approves your application for innocent spouse relief. The main and best type of relief is the namesake for the program and simply called ‘innocent spouse relief’—this is when the IRS completely exonerates you from a fraudulent/incorrect return. The 2nd type of relief is called ‘separation of liability’ relief. While not as good as the main type of relief, if approved the IRS will separate the liability from your separated or former spouse and allow you to pay just your portion of the bill. The 3rd and last type of relief is called ‘equitable relief’ and is basically a provision that allows for IRS to hear the whole story, even if the innocent spouse did benefit from the actions of their wayward spouse.