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Innocent Spouse Tax Relief

Two types of tax liability can result from being married. The first type of liability is due to a tax debt of one spouse prior to marriage. The second type is the tax liability that results because of the decision by a couple to file a joint income tax return. Both taxpayers in the second situation are jointly f they later divorce. If you owe taxes that arose from a former or current spouse’s liability or if you owe taxes due to a spouse’s dishonesty on a return, or if your tax refund has been seized due to a former spouse’s tax liability, then you may be a candidate for spousal relief. If you qualify and relief is granted, spousal relief may be able to provide relief from payment of the taxes and you will not be held liable for a former or current spouse’s taxes owed.

Most married couples file a “joint” tax return to reduce the amount they pay. By filing “jointly” they each agree to pay all taxes, penalties, and interest due on the joint return. This is true even if their state divorce decree or other settlement agreement states that one spouse or former spouse will be responsible for the tax liabilities.  There are provisions that may protect one spouse from the mistakes of another. If you find that the IRS is attempting to collect a tax that was incurred jointly with a spouse or former spouse, you may qualify for one or more types of relief.



Rhonda L. Russell, Principal / Russell Financial & Business Services / NIPR National License # 8728891
Bidwell & Russell Tax Defense, Ltd / Tax Attorney & IRS Audit Representatives
Tax and Estate Planning / Tax Debt Solutions