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Innocent Spouse Claims

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Protecting You From Your Spouse’s Mistakes

Many married couples enjoy the benefits of filing joint tax returns. But if your spouse was careless in filing tax documents or keeping records, you may find yourself on the hook for his or her bad decisions. This may be true even if your spouse assumed tax liabilities as a condition of a divorce. You may think that this seems so manifestly unfair that there must be an exception – and you are right. IRS and California Franchise Tax Board regulations allow you to receive several types of relief from tax liability incurred by your spouse under certain circumstances. Edgar Law Group, LLP has helped numerous spouses take advantage of these exceptions and gain relief from unfair tax debt.

Obtaining Innocent Spouse Relief In The Bay Area

Innocent spouse relief falls into three broad categories:

  • Innocent spouse relief – A spouse who had no knowledge of an understatement of tax made on a joint return may qualify for relief from the resulting tax liability.
  • Allocation of liability – While both spouses are usually jointly responsible for any tax liability on a joint return, spouses who have been divorced, widowed, legally separated or living separate and apart for at least 12 months can request that liability resulting from an understatement of tax on a joint return be apportioned between them.
  • Equitable relief – Equitable relief is only available to spouses experiencing injustice and financial hardship due to tax liability from a joint return but who do not qualify for innocent spouse relief or allocation. The IRS considers a variety of factors when deciding whether to grant this relief.

Each of these types of relief requires you to meet distinct criteria and follow a unique application process. The IRS does not grant innocent spouse relief as a matter of course, and successful applications can require substantial evidence. If you have incurred unfair tax liability due to a deficiency on a joint tax return, Attorney Ronda Edgar may be able to help. She uses her knowledge of tax law and accounting to help her clients choose the best course of action and prove their entitlement to relief if appropriate.

Contact An Experienced San Jose Employment Tax Law Firm

As a San Jose payroll tax lawyer, our principal attorney, Ronda Edgar, uses her advanced tax knowledge and accounting experience to help clients navigate taxation and debt issues in a practical manner. We are conveniently located in downtown San Jose and serve businesses and individuals throughout the Bay Area, including Sacramento, San Francisco, Oakland, Modesto and the surrounding areas. We offer flexible hours by appointment and free consultations. Call us today at 877-345-3591 or contact us online to discuss your case.

Your Case Begins With A Free Consultation

We are available to discuss your case for free in an initial consultation. During this consultation, we can discuss specifically what our team will do to move your case forward and meet your needs. Call 877-345-3591 or email today to schedule a meeting.

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