Innocent Spouse Relief / Divorce Tax Issues

As professional legal advisors, we here at The Law Offices of Ryan McFarland believe that if there’s a will, there’s a way. And in an Offer in Compromise (OIC), this mode of payment of tax debt gives you the opportunity to pay a tax debt that is less of what you owe provided that you have exhausted all the above efforts to make sure that you can pay.

Innocent Spouse Relief

This request allows you to separate an additional amount of tax debt owed between you and your former spouse or legally separated spouse. The separate allocation of the tax will determine the amount of tax debt you specifically owe. In order to qualify for Separation of Liability Relief, you must prove one of the following three factors at the time requested: (a) You’re divorced or legally separated rom the spouse with whom you file the joint return, (b) You’re widowed, OR (c) You haven’t been a member of the same household as the spouse with whom you filed the joint return at any time during the 12 month period ending on the date you requested relief.

Separation of Liability Relief

You are allowed to be granted innocent spouse relief only if you can prove that when you signed the return you had no knowledge of either the unreported income or the improper deductions or credits requested.  The burden of proof is on the person requesting the relief to prove they were unaware of the tax debt that would arise from this unreported income item or erroneous deduction or credit.  PLEASE NOTE:  Innocent Spouse Relief MUST be requested no later than 2 years after the date of the initial tax debt being collected against by the IRS.

Equitable Relief

If you do not qualify for Innocent Spouse Relief or a Separation of Liability Relief but there is an item on the jointly filed return you can attribute to your spouse, you may qualify for Equitable Relief. This is a request that is granted based on the facts and circumstances you are able to establish proving to the IRS that it would be unfair to hold you specifically liable for the tax debt.

filing-taxes

Successful Resolutions

Liz C.
Liz C.
11 months ago
My experience with Ryan McFarland has been outstanding. His expertise was evident immediately when he asked all the right questions to understand my...
Head Of The Household B.
Head Of The Household B.
3 months ago
Hey everybody I just want to Let you know if you need Tax help, Ryan is awesome. I'm a small business owner. During this busy time I reached out to several...
George C.
George C.
7 months ago
I called Ryan with my tax situation. Initially I got his voicemail and left a message. Within a short time he returned my call. Ryan was very easy to talk...
Laurie Bishop
Laurie Bishop
2 months ago
I just wanted to share my experience with Ryan. I am a small business owner, and we certainly took a hit this last year. It’s scary when you receive a letter from the IRS. I reached out to several tax attorneys with just a simple question. Ryan was very responsive and compassionate, All this during tax time when everybody’s super busy. Out of five different people Ryan was the only one that Actually responded and tried to help me. Ryan, I just want to say thank you so much for taking the time, I know you’re busy. Thank you again so much for all your help. I will be reaching out again if I need anything. You’re awesome. Laurie
Maurice Franklin
Maurice Franklin
11 months ago
I know how important reviews are because I rely on them just as much as you, so let me tell you about Ryan McFarland Law Offices. I was referred to Ryan by my neighbor when I described multiple tax issues I had with multiple state and federal agencies. Ryan gave me his full attention, listened to my speak, gave me detailed feedback on where my problems fit relative to the laws and demonstrated how he could bring me value and various solutions. He also educated me on my cases strengths and weaknesses and made recommendations all during our initial consultation. Based on what Ryan and I discussed during the consultation I was able to work to resolve the issue on my own, all the while Ryan rooted me on to success. For that he has earned my business whenever I or anyone I know needs an attorney. He put me first.
Jeffrey Johnson
Jeffrey Johnson
a year ago
What else can I say, Ryan is awesome. He's helped me work through some challenging personal and business tax issues that required a ton of patience and diligence on his part and explained things every step of the way. Super helpful to have help from someone who understands the law and is able to make it comprehensible for someone like me.

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