Trusted Glendale Innocent Spouse Relief Attorneys Ready To Assist You
What’s worse than opening up a letter from the IRS to find out that you owe thousands of dollars in taxes? Realizing that the tax debt arises from an error based upon a former partner’s income. While this may not seem fair, this is the reality confronting tens of thousands of spouses each year. Indeed, by some estimates, more than 35,000 spouses were held liable who had separated or divorced from the person with whom they had filed.
At the Glendale tax law firm of Kaczmarek & Jojola PLLC, we help those who recently found out that they are on the hook for their partner’s tax debt. When you choose our firm, our Glendale tax relief lawyers will work closely with you to develop your claim for innocent spouse relief. Our Glendale innocent spouse relief attorneys have extensive experience handling complex and high-stakes tax matters. We realize the stress that an ongoing tax issue can cause, and we will do whatever we can to make the process as easy on you as possible.
What Is Innocent Spouse Relief?
By filing a joint return, married couples enjoy a variety of benefits. For example, married couples get the largest standard deduction and more easily qualify for certain tax credits. However, there is a downside to filing jointly that many couples are unaware of: when you file a joint tax return with your partner, each spouse is responsible for the entire amount of tax due, as well as for any errors contained in the return. This sometimes leads to a situation in which a Glendale resident opens the mailbox to find an IRS collection letter referring to a tax return they knew nothing about.
Years ago, lawmakers recognized the inherent unfairness in always imposing joint liability on spouses who file jointly. For that reason, Congress created innocent spouse relief. Under innocent spouse relief provisions, a taxpayer who filed jointly with their spouse can seek relief from taxes related to underpayments and errors they knew nothing about.
To qualify for innocent spouse relief under IRC 6015(b), a taxpayer must show:
- The applicant filed a joint tax return that contained an error that resulted in an underpayment;
- The underpayment was directly related to the applicant’s spouse;
- The applicant did not know about the error in the return;
- The IRS agrees that providing relief is in the interest of fairness; and
- The applicant sought relief within two years of being notified of the IRS collection action.
The idea behind innocent spouse relief is a good one. However, the unfortunate reality is that innocent spouse relief is not easy to obtain. In large part, this is because the IRS requires an applicant to prove that they did not know about the erroneous items in the return. The IRS will not grant relief if it believes the applicant’s knowledge was based on willful ignorance or a failure to perform due diligence. For example, some courts hold more sophisticated taxpayers to a higher standard. Thus, the court may expect an applicant with an advanced degree in accounting, law, or business to have closely examined the return before it was filed.
At Kaczmarek & Jojola PLLC, our Glendale innocent spouse relief attorney hasdecades of hands-on experience dealing with innocent spouse relief petitions. As former IRS trial lawyers, our attorneys handled these petitions on behalf of the government, giving them an intimate knowledge of how the IRS views these claims. We put this knowledge to use in every one of our clients’ cases. We keep up-to-date on all developments related to innocent spouse relief, as well as the other forms of relief, including relief by separation of liability and equitable relief.
Contact a Dedicated Glendale Innocent Spouse Relief Lawyer for Immediate Assistance
Our trusted legal team also handles other types of tax issues, including:
If you recently discovered that the IRS initiated a collection action against you based on a return you did not prepare, do not ignore the letter assuming it was sent in error. Instead, contact the Glendale tax relief attorneys at Kaczmarek & Jojola PLLC today. We can help you identify the best way to pursue relief and work closely with you to prepare a compelling application. Our attorneys are listed among the Best Lawyers of 2021 in U.S News and World Report and earned the highest rating of “Superb” from Avvo. To learn more about how we can help you address your outstanding tax issues, give us a call today. You can also contact us through our online form, and one of our Glendale innocent spouse relief lawyers will reach out to you to schedule a consultation.