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claim for innocent spouse

Technical topics regarding tax preparation.
#1
Udfleet  
Posts:
15
Joined:
19-Sep-2017 5:48pm
Location:
Detroit
Would there be no need to get into allegations of spousal abuse: in the case of the now-divorced wife getting her refunds taken away, because of unpaid marital tax debt solely due to the ex-husband's failure to pay taxes on his self-employment?
 

#2
HowardS  
Posts:
1038
Joined:
21-Apr-2014 3:12pm
Location:
Southern Pines, NC
Spousal abuse isn't required for innocent spouse relief (but it could help the case).

You must meet all of the following conditions to qualify for innocent spouse relief.

You filed a joint return which has an understatement of tax due to erroneous items, defined below, of your spouse (or former spouse).
You establish that at the time you signed the joint return you did not know, and had no reason to know, that there was an understatement of tax. See Actual Knowledge or Reason to Know, defined below.
Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement of tax. See Indications of Unfairness for Innocent Spouse Relief, below.
You and your spouse (or former spouse) have not transferred property to one another as part of a fraudulent scheme. A fraudulent scheme includes a scheme to defraud the IRS or another third party, such as a creditor, ex-spouse, or business partner.
I suffer from depreciation.
 


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