Innocent Spouse Relief / Injured Spouse Relief

Most married taxpayers filing joint tax returns due to certain benefits not allowed under other filing statuses.  One of the major issues that results from a break in the marital union can be a tax debt from a joint return filed during the marriage, from which both spouses can be held fully liable for until the total amount of tax debt is paid in full or resolved.

There are three types of relief you can petition for to the IRS when you are a spouse owing on a joint tax return:

Innocent Spouse 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.

Separation of Liability 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.

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

Melanie F.
Melanie F.
1 month ago
Ryan is trustworthy, professional and is an expert in resolving tax and debt issues. We have stressed about our taxes for a long time, and he came in and...
Head Of The Household B.
Head Of The Household B.
7 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.
11 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...
Melanie Aldis-Figaro
Melanie Aldis-Figaro
a month ago
Ryan is trustworthy, professional and is an expert in resolving tax and debt issues. We have stressed about our taxes for a long time, and he came in and helped us reconcile our issues quickly and efficiently. He continued to communicate with us during the process. We were never in the dark about what was happening and how he was going to help us. And…he completely helped us and found the best resolution for our family. Most importantly is that he is honest and cares. We felt listened to and valued. So refreshing. We highly recommend him!
Laurie Bishop
Laurie Bishop
6 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
a year 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.

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