Innocent Spouse Relief & Spouse Defense Attorney
A majority of married taxpayers choose to file a joint tax return because there are generally many more deductions and benefits that this filing status offers married persons. That said, both taxpayers are jointly and individually responsible for the tax and any interest or penalty due on the joint return even if they should later divorce. This is still true even if a divorce decree might state that a former spouse will be solely responsible for any amounts due on previously filed joint tax returns. Often times, one spouse may be held responsible for all of the taxes due – – – even if all the income was earned by the other spouse. The IRS has a special exception for innocent spouses called Innocent Spouse Relief.
IRS Section 6015 – Innocent Spouse Relief
IRS Section 6015 provides that in certain instances a spouse may be relieved of these taxes, interest, and penalties owing from a joint tax return. There are 3-types of relief possible.
- Innocent spouse relief under IRC § 6015(b);
- Allocation of liability under IRC § 6015(c);
- Equitable relief under IRC § 6015(f)
An Experienced Tax Attorney will help you determine if you qualify for Innocent Spouse Relief
Because the actual analysis of whether you might be entitled to one or more of the 3-forms of innocent spouse relief is complicated and you will most always need the help of a competent and experienced tax attorney who has the necessary knowledge of IRS procedures and tax laws to determine if you qualify for Innocent Spouse Relief. San Diego Tax Law Attorney, Chris Cooke can help you determine if you qualify for Innocent Spouse Relief and then make your case in front of the Tax Court on your behalf. If you currently are confronted with an unfair tax liability that is really attributable to your former or current spouse, contact San Diego Law Lawyer Chris Cooke for a no cost evaluation of your case.
Call (619) 775-1700