January 18, 2008

Qualify for Innocent Spouse Relief Status

Some benefits are enjoyed with joint tax returns, that's why married taxpayers choose it. But what happens when your taxes are filed with errors in them? You obviously now have an IRS issue. Understated tax and accrued interest and penalties are the responsibility of joint taxpayers. You can still be responsible for the tax debt, even if you're divorced.

Under certain instances, though, you may be released from paying those taxes. Innocent spouse relief may be the best bet if you're eligible. You will understand your rights with the help of our firm, and we can help you in resolving your IRS problems and request for innocent spouse relief.

The same rules for innocent spouse relief do not apply in all fifty states, but our company can help you determine your status through the criteria employed by the IRS:

  • An error in income, tax credits, or incorrect deductions led to an understatement of tax due in the joint tax return you filed.
  • When you signed the tax return, you were not aware of the understatement.
  • Holding you responsible for the understatement is not fair, as shown by circumstances.
  • The understatement was not directly or indirectly beneficial to you.

You have a maximum of 2 years after the date that the IRS first tried to collect to file the request.

Our firm will assist you fill out and file Form 8857, Request for Innocent Spouse Relief, with the IRS. A written statement containing the same information on the Form 8857 may also be filed. The amount of tax, penalties, and interest will be determined by the IRS.

The IRS will notify your spouse about your request. He/She is enlisted to give information that could affect the IRS's consideration of the request.

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