What is Innocent Spouse relief in terms of IRS tax collections?
- David Greene
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In order to ascertain whether you are eligible for Innocent Spouse relief, we must look closely at the years in question. Were the unpaid returns filed as joint returns? You are responsible for taxes owed on any return you sign. However, if you signed the return without reading it because your husband insisted, you might be eligible. Did you make any income? If so, you must at least pay the tax on your income. See last week’s answer concerning injured spouse relief. Did he hide income from you as well as the IRS? If so, this is the classic Innocent Spouse scenario. Also, most cases must be filed within two years from the date the IRS first sent you a collection notice. However, for many equitable relief cases, the time to file can be extended until the IRS can no longer collect the tax. As you can see, we need to discuss your situation in detail because each case is unique. Of course, the innocent spouse can be either a man or woman.