Professional Services

Innocent Spouse Relief

What Is A Request for Innocent Spouse Relief

This remedy is only applicable if you have liability from a joint return. If you filed a joint return which results in additional tax due to an erroneous item related to your spouse, then both you and your spouse are liable for the additional tax even though the item pertains to your spouse. By requesting innocent spouse relief you can be relieved of responsibility for paying tax interest and penalties if your spouse improperly reported deductions or omitted items of income. To qualify for the relief you must show that you did not know or did not have reason to know that there was unreported income or did not know that the deductions taken were illegal.

There are three types of relief available to a non-liable spouse each with different requirements and complexities. They are:

  • Innocent spouse relief
  • Relief by separation of liability
  • Equitable relief

Services We Offer To The Innocent Spouse

Determining whether a spouse qualifies for relief and which type of relief best suits the client requires knowledge of fairly complex provisions of tax law and IRS regulations. For our clients we:

  • Carefully evaluate our client's situation to determine if relief is available and, how much of the joint liability the client would be relieved.
  • Prevent any collections action on the part of the IRS while we pursue the relief. This means prevention of a wage or bank levy or imposition of a tax lien if it has not been imposed.
  • Become the point of contact so our clients never have to speak with the IRS until the process is complete.
  • Prepare all the documents and submit a legal memorandum in support of the relief. The legal memorandum sets forth the law and the legal arguments for supporting the grant of relief.
  • Appeal any initial adverse decision.

Call us to discuss how an innocent spouse request can relieve you of the joint tax liability.

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