Innocent Spouse Relief
There are many basis for abating taxes and assessed tax penalties, including “Innocent Spouse” determination. Typically, adjustment/abatement is a means for reducing or deferring a liability which is used in conjunction with another tax relief method to resolve the taxes owed. There are three types of Innocent Spouse relief: traditional Innocent Spouse relief, separation of liability, and equitable relief. Traditional Innocent Spouse relief is granted to join-filers (typically married couples) when one spouse was unaware of the erroneous item which created a tax liability; Separation of liability is primarily for join-filers who are currently separated, and equitable relief is for a spouse who should not be held liable and who fails to meet the two preceding determinations. In each Innocent Spouse determination, the non-electing spouse/partner will be notified and may participate in the proceedings.
In all of the Innocent Spouse adjustments, the IRS’ goal is to provide relief to the spouse who was unaware or not at fault for the creation of a tax liability, hence the IRS rules that it would be inequitable to hold the innocent spouse liable for any tax deficiencies.
If you think you have the potential to request Innocent Spouse relief, call our tax specialists for a free consultation at: 1-800-455-6829.