I am planning to apply for innocent spouse form 8857

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.

Fremont, CA -

Attorney Answers (2)

Linda Simmons Campbell

Linda Simmons Campbell

Tax Lawyer - Burlington, CT

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.

info@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question has not... more
Jeffrey Anton Collins

Jeffrey Anton Collins

Tax Lawyer - Rolling Meadows, IL

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... more

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