Do I include my spouse's income on an IRS Offer In Compromise if we are estranged?

Asked about 1 year ago - Cerritos, CA

I file my taxes married filing separately. My spouse and I live separately in California, ie, maintain separate households. So can I exclude her income on the IRS offer in compromise?

Attorney answers (3)

  1. Phillip Monroe Smith

    Contributor Level 18

    4

    Lawyers agree

    Answered . You can. You should provide a detailed explanation as to why you are submitting an offer allong this with evidence that proves that you are living separately in separate households for a significant period of time.

    Good luck!
    Phillip M. Smith Jr.
    Los Angeles Tax & Business Attorney
    Licensed in the United States Tax Court
    www.culvercitytaxandbusinesslaw.com
    www.corporateattorney.com
    www.worlclasslawyers.com
    Main: 323-292-4116 ❘ Cell: 562-505-1004

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  2. Steven M Zelinger

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . An offer in compromise is serious and because it has such serious implications should not be undertaken without competent advice of a tax professional (lawyer, CPA, etc.)...it's worth the investment to do it right especially when the issues are less than straightforward. That said, you can typically exclude the income in this situation.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  3. Henry Daniel Lively

    Contributor Level 20

    2

    Lawyers agree

    Answered . You can include it. The question is why would you want to do that. Usually, we want to exclude the income in these circumstances. You may want to have a tax professional complete, file and negotiate the offer for you that has experience in this area. Most of the attorneys that practice in this area offer a free consultation. I offer a free consultation in my practice and would be happy to take a look at this for you and give you a firm quote to complete the offer. Give me a call if you are interested.

    H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization dlively@... more

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