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Innocent Spouse Innocent Spouse Rule

Section 434(c)(1) of the Internal Revenue Code protects an innocent spouse from tax liability if certain conditions are met: 1. A joint return was filed 2. The return contained a ?grossly erroneous? error 3. The innocent spouse establishes ?lack of knowledge 4. In light of all the ?facts and circumstances? it would be ?inequitable? to impose the tax on the innocent spouse Tax counsel should be consulted.

Question: tax question, should i notify the IRS and claim innocent spouse rule, please read and help? my wife owns a hair salon that is incorporated for 6 years, she has written her car off every year even though the corp does not own the car its only in her name, she claims no tips and only writes herself a check for 1000 dollars a month, for personal income, even though she pays half the mortgage, 850, she has 2 car payments one car she bought for her dad and is 300 a month and her car is 500 a month, she makes her credit card payments about 800 a month, it just does not add up is this all legal

Answer: Was there an audit? Is there a tax liability from an audit? If you are uncomfortable with the return, do not file jointly. She can not force you to. If you filed jointly in the past and an audit of a return resulted in a balance due, you can be held liable for the results. Innocent Spouse is a little difficult to prove. You must prove that you did not know about the extra income and in no way benefited financially from it. It does not sound like Innocent Spouse would apply in your case.

 


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