Innocent Spouse

"Innocent Spouse" tax relief can unburden you from liability for paying the taxes, interest and penalties imposed upon you by the IRS because of the errors and ommissions of your spouse (or ex-spouse) in filing your joint income tax return.

Innocent spouse tax relief has certain limitations. The following is taken directly from the IRS website...

"You must meet all of the following conditions to qualify for innocent spouse relief":

• 1. "You filed a joint return which has an understatement of tax due to erroneous items of your spouse (or former spouse)."
  
• 2. "You establish that at the time you signed the joint return you did not know, and had no reason to know, that there was an understatement of tax."
  
• 3. "Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement of tax."
  
• 4. "A request for innocent spouse relief will not be granted if the IRS proves that you and your spouse (or former spouse) transferred property to one another as part of a fraudulent scheme. A fraudulent scheme includes a scheme to defraud the IRS or another third party, such as a creditor, ex-spouse, or business partner."

Do You Qualify As An Innocent Spouse?

Maybe...or, maybe not.

The IRS has further guidelines for determining your status as an "innocent spouse".

The IRS decides, among other things, what you knew (or what a reasonable person should have known), when you knew it, and if you received any benefit from the understated tax liability.

They will also make a determination of whether or not it is fair to go after you for the collection of the amounts due, or to just pursue your spouse (or ex-spouse).

Tax Attorney V. James Ferraro can help you determine if your request for Innocent Spouse status will likely be approved, and to what extent. If he agrees to represent you, he will argue on your behalf to relieve you of tax payment liability for the acts and ommissions of your spouse/ex-spouse.

Call today for a no-obligation assessment of your tax case.