Are You Liable? How Innocent Spouse Relief Can Help You in Savannah GA

When filing a joint tax return, both spouses are jointly and severally liable for the tax and any additions to tax, interest, or penalties that arise from the joint return, even if they later divorce. This means the IRS can pursue either spouse for the full amount of the liability.
However, under certain conditions, you can be relieved of the liability associated with erroneous items of your spouse (or former spouse) through Innocent Spouse Relief.

If the IRS denies your request for Innocent Spouse Relief, you can appeal by filing a written protest within 30 days of the denial notice. This protest should detail your disagreement and include supporting facts, the law or authority you’re relying on, and a perjury statement. It’s also advisable to consult a tax professional from J. David Tax Law.
The IRS Office of Appeals, an independent body, will review your case, considering any new information provided. If you disagree with their final decision, further legal options, such as court, may be available depending on the case specifics.

The timeline for receiving a response from the IRS can vary widely depending on the complexity of your case, the IRS’s current backlog, and specific details of your situation. Generally, taxpayers can expect to wait anywhere from a few months to a year for a decision. The IRS does not provide a specific number of days within which you will receive a response, but they typically aim to resolve issues within 6 months after receiving the request.
To get a more accurate estimate or update on your case, you can contact the IRS directly or check the status through their online tools if available. It’s also helpful to keep in mind that the IRS’s processing times can be affected by staffing issues, the volume of requests, and other factors beyond your control. Patience is key and staying in touch with the IRS or consulting with J. David Tax Law can keep you updated.

This relief is particularly sought in situations where one spouse was unaware of the inaccuracies that led to an understatement of tax. The aim is to protect the innocent spouse from being held liable for the tax liabilities resulting from the mistakes or fraudulent actions of their spouse or ex-spouse on a joint tax return.