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Innocent Spouse

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    Innocent Spouse

    This question concerns a non-client that I am obviously not qualified to represent.

    The situation is a recently divorced woman with a carry over joint tax liability in back taxes dating back to early 2000. Not sure what caused it but suspect husband claiming operating losses from a Sub-S without basis

    My question is "What are some alternatives for her? She may never have sufficient income to pay anything on the debt. Innocent spouse probably does not apply in this case. The tax returns were professionally prepared.

    She really can't afford legal representation nor any other significant professional fees.

    The IRS letters have started.
    Last edited by Taxman3301; 04-04-2012, 06:02 PM. Reason: Trying to generalize facts for privacy issues

    #2
    Look up the rules for Innocent vs Injured. One is for married not responsible for husband's debt and wanting her portion of the MFJ refund. The other is for divorced after having done MFJ and not responsible for exes debt. I can never remember which is which cause I rarely have to do them. But if one doesn't apply the other should. The form can be filed separate from the return.
    Believe nothing you have not personally researched and verified.

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