You are either divorced or your spouse has passed away. Then, one day you either have money unexpectedly withdrawn from you bank account by the IRS or receive notice of an overdue tax bill from the IRS. You ask, "Why am I receiving these notices, my spouse is the one who owes the taxes?" If you either knowingly or unknowing filed a joint tax return with your spouse, according to Internal Revenue Code Section 6013, the IRS can collect tax from either spouse. This can lead to inequitable results.
One step is to determine if a valid joint return was filed. Did you provide tacit consent? Did you sign the return under duress? Was your signature forged on the return? These are just some of the questions that would need to be answered to determine if you qualify for Innocent Spouse Relief.
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