Factors that determine Innocent Spouse Claims -Former IRS Agents

October 25, 2010
Written by: steve

IRS has been granting many more innocent spouse claims. The new laws past a few years back makes relief  much easier as along as the factors are present. Before filing any claim for innocent spouse relief, make sure you meet the following guidelines.
So, what Factors are considered in determining whether or not to grant equitable relief?
The following factors may be considered, but the list is not all-inclusive:
Current marital status
Abuse experienced during the marriage
Reasonable belief of the requesting spouse, at the time he or she signed the return, that the tax was going to be paid; or in the case of an understatement, whether the requesting spouse had knowledge or reason to know of the understatement
Current financial hardship/inability to pay basic living expenses
Spouses’ legal obligation to pay the tax liability pursuant to a divorce decree or agreement to pay the liability
To whom the liability is attributable
Significant benefit received by the requesting spouse
Mental or physical health of the requesting spouse on the date the requesting spouse signed the return or at the time the requesting spouse requested the relief
Compliance with income tax laws following the taxable year or years to which the request for relief relates

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