Goldburd McCone LLP

For nationwide tax guidance, call:
212-235-1817 or toll-free at 866-712-9505.

Goldburd McCone LLP

For nationwide tax guidance, call: 212-235-1817 or toll-free at 866-712-9505.

Serving Individual And Corporate Tax Clients Nationwide From Our New York, New Jersey, Florida And California Offices

Steven Goldburd and Benjamin Goldburd

Since 1983, our tax firm has skillfully represented individuals and corporations across the United States and around the globe from our offices in New York, New Jersey, California and Florida.

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Understanding Innocent Spouse Relief

Dealing with tax issues can be stressful, especially regarding joint tax returns. If you are facing a tax problem due to your spouse’s or former spouse’s actions, you may be eligible for innocent spouse relief. Innocent spouse relief is a legal concept allowing taxpayers to avoid paying taxes on joint tax returns filed with their spouse or ex-spouse who committed tax fraud or evasion.

What Is Innocent Spouse Relief?

Innocent spouse relief is a provision in the tax code that allows an innocent spouse to be relieved of tax liabilities that their spouse or former spouse incurred. The relief can be granted if the IRS determines that holding the innocent spouse responsible for the tax liability would be unfair. If the IRS grants innocent spouse relief, the innocent spouse will not be held liable for the understated tax, penalties or interest.

Qualifications For Innocent Spouse Relief

To qualify for innocent spouse relief, you must meet the following conditions:

  • You must have filed a joint return with your spouse
  • There must be an understatement of tax on the return that is solely attributable to your spouse
  • You must not have known about the understatement of tax when you signed the joint return
  • Considering all the facts and circumstances, holding you liable for the tax understatement would be unfair.

Often, seeing innocent spouse relief can be complex and overwhelming. It is essential to have the support of a skilled lawyer to guide you through the process.

How Is Innocent Spouse Relief Different From Injured Spouse?

Injured spouse relief is different from innocent spouse relief. When a couple files a joint return and one spouse owes past-due federal tax, state tax, or child or spousal support, the other spouse may be considered an injured spouse. Injured spouse relief is a provision that allows the spouse who is not responsible for the past-due amounts to receive a refund for their portion of the overpayment of taxes. On the other hand, innocent spouse relief provides relief from the liability of taxes, penalties and interest incurred due to the actions of a spouse or former spouse.

Learn More About Innocent Spouse Relief Today

If you believe you qualify for innocent spouse relief, contact Goldburd McCone LLP today for a complimentary case evaluation. With decades of legal experience, our skilled tax attorneys have represented individuals and corporations in New York City, Long Island and across the country in tax disputes and controversies. We are dedicated to providing intelligent advocacy and creative solutions. To make an appointment for your complimentary consultation, call 212-235-1817 or toll-free at 866-712-9505, or contact us online.