I am getting divorced and owe taxes from 2006. (We filed an extension and filed the 2006 taxes in late 2007.) The taxes are owed because of his income, not mine. My attorney suggested that I file innocent spouse to remove me from any tax liability. Has anyone ever done this and succeeded?Has anyone ever filed innocent spouse on their taxes before?
all the information you need can be found here:
http://www.innocentspouserelief.com/
file form 8857 to apply. If you don't qualify for innocent spouse relief you may qualify for equitable relief or separation of liability. If you want, you can request a free consultation and the will let you know if you are likley to qualify.Has anyone ever filed innocent spouse on their taxes before?
Only a small percentage of the requests for Innocent Spouse relief get full or partial relief.
1. You appear to have been living with him at the time.
2. You benefited from the tax money not being sent to the government.
3. You signed the joint return.
You would have to demonstrate that it would be unfair to hold you liable. Not wanting to pay the tax isn't enough. Thinking the IRS should collect it from him isn't enough.
I am doing that right now on income that my ex husband withheld from paying taxes on. Its fairly easy - just go to the IRS website and print out and fill in the innocent spouse paper work. However, you might want to talk with a CPA who can help you do the work if you don't want to. Good luck.
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