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Innocent Spouse Defense

What is the IRS Innocent Spouse Defense?

The Innocent Spouse Defense is a special defense that can be raised by certain married taxpayers who can prove that it would be unjust to hold them both liable for the tax debt owed. Each case is determined by its own merits, but there are several factors that, if proven, could bolster this defense. Some of these factors include:

  • Whether the spouse seeking relief had any knowledge of the items changed in the IRS audit
  • Whether the tax debt belonged to the other spouse
  • Whether the spouse seeking relief is still married to the other spouse
  • Whether the spouse seeking relief was abused during the marriage
  • Whether the spouse seeking relief believed the other spouse would pay the tax owed

Innocent Spouse Defense arguments can be very difficult; if you need to discuss your tax situation please fill out our Free evaluation