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Innocent Spouse Relief
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Innocent Spouse Relief is basically an escape clause that frees someone from a tax liability which was created by a spouse who erroneously or falsely reported income, deductions or credits. In order to be considered for Innocent Spouse Relief, the IRS has strict guidelines regarding the filing circumstances and supporting documentation. This type of resolution is best handled with the help of a licensed tax professional, who can navigate the complicated red tape that comes with arguing such a case with the IRS.
The guidelines or rules governing the application for the Innocent Spouse solution are as follows:
- The innocent spouse did not know that the tax debt existed and would have no reason to know that the tax debt existed.
- All or some of the tax debt was the responsibility of or can be attributed to the liable spouse.
- It would not be just to hold the innocent spouse responsible for the actions performed by the liable spouse.
If the IRS can prove that both partners had knowledge of the understatement and misguided the IRS, they may take corrective action.
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