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I am planning to apply for innocent spouse form 8857

Fremont, CA |

I finished my taxes for 2012 - Married filling as single ( Head of the household ). I just want to know that whether i should file form 8857 innocent spouse or Form 8379 Injured Spouse if I don't want to be liable for the spouse taxes. Last year my spouse did Married joint filling, When I did my taxes this year I have entered last year state taxes, my refund went down, i was not sure should i do it or not.

Attorney Answers 2


I am not clear on what you are asking. If you are worried that you can be responsible for his taxes for this year, you will not be because you filed married filing separately. If you are referring to another tax year, I would need additional information to answer your question. Office number: (860) 255-7423 Website: Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.

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My spouse left without notice in 2012, in 2012 my spouse filled taxes as Married filling Jointly for year 2011. recently got a letter from IRS that we need to pay unpaid taxes for 2011. My name is also there because we did joint return. This year I did Married filing separately. I am just want to know whether I will be liable to pay any unpaid taxes for previous years. what should i do?

Linda Simmons Campbell

Linda Simmons Campbell


Yes. You are liable for the taxes due from any jointly filed return. Innocent Spouse relief may be an option for you but it can be very difficult to get. It is likely that you will need professional assistance with filing an Innocent Spouse relief request. If you would like to contact me directly I may be able to tell you what your chances of success might be but I would need more information then can be given on this forum.


Yes, I agree that more info is needed. But If you are due a refund this year, and if you & spouse had taxes still due on past years' jointly-filed return(s), your refund will be first applied to that past liability, before you can receive any refund.

My suggestion: go speak with a tax lawyer right away. Depending on the amount of past liability due, this maybe should be handled by an experienced attorney.

Tax Attorney J Anton Collins is a featured Tax Court and Criminal Tax Defense Attorney on Avvo. You may contact Attorney Collins directly at, or 877.376.2292, for more specific answers. This forum is merely for open, public discussion. Discussions in this open, online forum are not intended to create an attorney-client relationship. IRS CIRCULAR 230 DISCLOSURE NOTICE: IRS Circular 230 regulates written communications about federal tax matters between tax advisors and their clients. To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full “covered opinion”. Accordingly, this advice is not intended and cannot be used for the purpose of avoiding penalties that may be imposed by the IRS regarding the transaction or matters discussed herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issues, transactions or matters addressed, discussed or referenced herein based upon his, her or its particular circumstances.

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