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Midtown New York City Law Firm



WEBEL LAW, PLLC
535 Fifth Avenue, Floor 4
New York, New York 10017
(646) 373-1055




INNOCENT SPOUSE

















SHARING TAX EXPENSES


When two people marry, each brings their baggage to the marriage. Some of that baggage is wonderful and greatly contributes to the beauty and comfort of the marriage. Sometimes, the baggage adds to the difficulty of two people forming a family when it contains unpaid taxes or other debts. Money doesn't make a marriage, but not having it sure makes the relationship more difficult. Money gives you options. Not having it, well, if you're reading this, you know the problems it can create.







AM I RESPONSIBLE FOR MY SPOUSE'S TAX DEBT?


Maybe, but not necessarily. When married partners sign a joint tax return, the assumption is that both are responsible for the accuracy of the tax return and the return's consequences, including paying the taxes owed. However, some situations may allow one of the partners to be relieved of all liability for the debt if presented to the IRS or the Tax Court. However, you must ask to be relieved of a tax debt of your spouse. If you don't ask and present your facts, the IRS assumes that both partners in a marriage are jointly and severable liable for paying all debts.

Call us to discuss your situation and the possibility of you requesting Innocent Spouse relief from the tax debt of your spouse.

Claiming Innocent Spouse relief doesn't necessarily put spouses against each other, leading to divorce. It may be when the facts point to less than truthfulness or even illegal acts by the other spouse, but it may also relieve one point of stress in the marital relationship.









AM I RESPONSIBLE FOR MY SPOUSES'S PRE-MARRIAGE TAX DEBT?


No, but it's not always that simple. Again, partners in a marriage bring their baggage into the marriage. That baggage can include a tax debt. Even if you're not responsible for your spouse's pre-marriage tax debt, aggressive collection activity by the IRS‐the world's most powerful collection agency‐can result in the taking of property you brought into the marriage or that you owned individually.

There are rules that control what property the IRS is authorized to seize and sell to pay a tax debt. However, the IRS often seizes first and looks at rights later. The IRS won't simply take your word that an asset is yours and not your spouse's. Instead, you must appropriately and influentially prove ownership to have your property returned. We help Innocent Spouses protect assets from the IRS. Call us if you think that you need an Innocent Spouse defense with the IRS or Tax Court.