Can I get my denied innocent spouse request reversed so I'm not liable for money my ex-husband earned and didn't claim.

Asked about 5 years ago - Lewisburg, TN

While married my husband had made a significant amount of money that I had no idea about. The money never came into the home or supported the home. I don't know what its from or where its at. During a IRS audit is how I found out. BUT what seems to keep coming up is the fact that I am the one who took the taxes to the private CPA and had them filed and I signed both our names like I always did over the last 15yrs of marriage.. BUT all the information I had put into the taxes is what I was told by my ex-husband ie, mileage, supply expenses, tools, income.And I had supporting receipts so I thought all was okay. So when I signed it (both our names) I thought I was giving all the correct information. Ex-husband always had a reason not to go and I wanted my return done.
When the audit began I was very confident that I had no worries because I had nothing to hide and gave them everything they asked for and gave all supporting documents for everything I included on taxes. My ex-husband on the other hand got a attorney the next day. And now a year later they claim I'm jointly and severally liable.
This just tears me up because if I owed taxes I would of payed them. I'm definately not known as a cheat , thief or liar. And I think thats whats bothering me the most here. And I want to take this to court but I don't know what my chances are at getting this ruling changed. But I definately have collected A LOT of information supporting the fact that no one in our family was aware of any of the new found income.
So does anyone have any advice on what I need to do or where I stand with this problem. In hindsight I should of got a attorney in the beginning but when you have nothing to hide I thought it would of been a simple resolve.
Help the naive ex wife.

Attorney answers (1)

  1. Norman Delton McKellar

    Contributor Level 8

    Answered . There are many facts that are not set forth in your posting that will bear on how your situation is handled at this point. Generally speaking, if you and your husband filed joint returns, you may be jointly and severally liable for the full amount of the tax liability [IRC Sec. 6013(d)(3)]. However, IRC Sec. 6015 provides three potential sources of relief from this liability for "innocent spouses." At this point, I don't have enough information to assess whether you would be a good candidate for such relief.

    Additionally, there are timelines that must be followed for submitting and/or appealing your innocent spouse request. Please be mindful of any time limits that may apply.

    Unfortunately, I don't believe I can answer all of your concerns in this Answer. However, feel free to contact me to discuss your situation, and I may be able to be of more assistance. Thanks.

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