October 7, 2009
What are the rules for claiming an innocent spouse claim with the IRS?
Elizabeth H asked:
Recently, my husband and I received a certified letter from the IRS that there was about $33K in unreported income on our federal tax forms for 2007 resulting in an additional tax liability of $12K for myself and my husband (who filed jointly that year). I was aware that my husband did earn the income as part of his business earnings and as such he informed me that he paid taxes on the income as part of his business tax filing. I just checked with his business partner and the partner informed to me that my husband also knew of the income but my husband never gave him the 1099 to file as part of the 2007 business tax filing. The question is then this: Can I file (and do you think that I would be granted) a Innocent Spouse Tax Relief claim from the IRS due to my situation. I have a good job and have the maximum in taxes taken out of my paycheck but it always seems that I am supporting my husband's delinquent tax debt however we have separate finances and I pay most of the household bills.
Recently, my husband and I received a certified letter from the IRS that there was about $33K in unreported income on our federal tax forms for 2007 resulting in an additional tax liability of $12K for myself and my husband (who filed jointly that year). I was aware that my husband did earn the income as part of his business earnings and as such he informed me that he paid taxes on the income as part of his business tax filing. I just checked with his business partner and the partner informed to me that my husband also knew of the income but my husband never gave him the 1099 to file as part of the 2007 business tax filing. The question is then this: Can I file (and do you think that I would be granted) a Innocent Spouse Tax Relief claim from the IRS due to my situation. I have a good job and have the maximum in taxes taken out of my paycheck but it always seems that I am supporting my husband's delinquent tax debt however we have separate finances and I pay most of the household bills.
Sincerely,
Tax Frustrated
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Comments on What are the rules for claiming an innocent spouse claim with the IRS?
Get form 8557. The odds are low, but you never know.
The last time I saw the statistics, only 1 in 4 requests got any sort of relief.