Joint Tax Liability for Spouses
Under federal tax law, married couples who file jointly are each jointly and severally liable for any unpaid taxes, penalties and interest. When one spouse is under-reporting income, avoiding taxes, or engages in some other form of malfeasance, the IRS has the right to take action against the other spouse. If the IRS is seeking payment for unpaid taxes that your spouse incurred, you face serious problems.
Innocent Spouse Relief
Depending on your circumstances, you may be eligible for tax relief under what is known as “innocent spouse relief.” Eligibility depends on whether or not it can be shown that you had knowledge of the understated income and whether or not it would be unjust to hold you responsible for the unpaid taxes. To determine whether you are eligible for this relief, it is important to discuss your situation with a knowledgeable tax lawyer.
If the IRS is seeking to collect against you for your spouse’s actions, your best proof may hinge on the testimony of your spouse. If he or she can testify that you did not have any knowledge of the hidden income and unpaid taxes, it can bolster your case.
Contact Us Today
John McDuff will marshal all available evidence to show that you did not have any knowledge of the under-reported taxes, and that you did not receive any benefit from them. With over 20 years of experience working as a tax attorney, you can trust John to handle your case knowledgeably. Call us at 512.457.1177, or contact us online to schedule a consultation.