Innocent Spouse - How Do I Get It?

Joint tax returns are is the logical choice of most married taxpayers as it enables them to enjoy some benefits. But when taxes are filed with errors, what happens? You obviously now have an IRS issue. Understated tax and accumulated interest and penalties are the responsibility of joint taxpayers. Even if you and your spouse have since divorced, you can still be held responsible for these taxes.

Fortunately, innocent spouse relief will release you from the burden of those taxes. Let our company help you solve your IRS problems by walking you through the process. Because the same rules do not apply in all 50 states, our company can help you determine your innocent spouse status. Here are the criteria that the IRS will consider in determining innocent spouse relief status:

• Your joint tax return filed showed an understatement of income. This error could have been about income, incorrect deductions, or tax credits.
• You weren't aware of the understatement of income and incorrect tax credits or deductions when you signed the tax return.
• The IRS decides that you can't be held liable for the understatement of tax after review of the circumstances.
• Directly or indirectly, you did not benefit from the understatement of taxes.

The request has to be filed within a maximum of two years from the date the IRS first tried to collect the tax. The Request for Innocent Spouse Relief Form 8857 needs to be filled out and filed and our firm can help you. Alternatively, you can submit a written statement that contains the same information required on Form 8857. The amount of tax, penalties, and interest will be computed by the IRS. Know that the IRS will notify your spouse that you requested innocent spouse relief status. Information provided by your spouse may affect the outcome of your request.

Darrin T. Mish is a Nationally recognized Attorney whose practice focuses on representing clients across the United States with IRS Problems. He is AV rated by Martindale-Hubbel and is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. He has been honored by a listing in Martindale-Hubbel's Bar Register of Preeminent Lawyers. His passion is providing IRS help to taxpayers with both individual and payroll tax problems. He teaches attorneys, CPAs and Enrolled Agents in the finer aspects of IRS representation all around the United States. He can be reached at his website at http://www.getIRShelp.com