Innocent Spouse Tax Relief with The Law Offices of Nick Nemeth
  • May 17, 2018
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Most couples these days choose to file joint tax returns. This makes them equally responsible for all the taxes that they owe. If your spouse or ex-spouse lied about their unpaid taxes on a joint tax return and you are now facing tax debt issues, you can apply for Innocent spouse tax relief. There are many ways to prove your innocence and get IRS tax relief. Continuing the discussion, this blog covers 3 steps that can help you seek innocent spouse relief from IRS. Let us dig in.

1. File IRS Form 8857

If you believe that you qualify for innocent spouse tax relief, you can file IRS form 8857. This is the first step to getting relief from joint tax liability. The form is seven-pages long and covers many questions about your situation and how you specifically qualify for the relief. The form also includes questions about your education, qualification, and profession. This information helps to determine whether you are in a position  to have known if something was wrong with your tax filing. Attach all the necessary documents that support your claim. Be careful when filing as any misleading answer can lead to rejection of your petition.

2. Draft an Innocent Spouse Relief Letter

If you are a victim of abuse from your spouse or ex-spouse, then drafting a letter is essential. Even if it is not required, it is good practice to draft a letter to strengthen your claim. The IRS form 8857 might not provide enough space to explain your issue. A letter allows you to provide detailed information on why you should be eligible for innocent spouse relief. Also, do not forget to attach all documents that support your claims.

3. Mail the Documents

Once you are done filling the form, drafting a letter, and attaching other essentials, send the documents to the IRS office via postal service  or private carriers such as FedEx or UPS. Or fax the form and attached documents. It is important to write your name and contact number on the letter or any other documents before you mail.


There are certain situations when you should not file form 8857. Some of them are:

  • Your answer to the first question on Form 8857 is NO.
  • You already entered into a closing agreement with the IRS for the same liability
  • You have accepted an offer in compromise with the IRS
  • The court reviewed your case but did not approve .

Final Words

The process of filing form 8857 for innocent spouse tax relief is not easy. It is, therefore, advisable to consult a professional IRS tax attorney to solve your tax-related issues. If you are looking for an IRS attorney to get relief from joint tax liability, the Law Office of Nick Nemeth is the best option. Nick Nemeth is a tax attorney who specializes in solving IRS tax debt issues. Fill out the contact form or call at  (972) 426-2553 and request a free consultation  to discuss your problem with the professional tax attorneys. You can also email us at

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What Our Clients Have to Say

Susan WilsonSusan Wilson
03:27 25 Jan 23
I have been very pleased with the solid counsel and guidance that Nick Nemeth has provided me regarding my tax issue. I found him to be honest and straightforward which I appreciated. I was impressed with his relevant experience and knowledge . He has definitely brought me peace of mind during a difficult and stressful time.
Sarah HowardSarah Howard
03:44 14 Nov 22
I would like to thank Mr. Nick and his staff for the superb help that I received from them. My IRS problem was resolved quickly and efficiently. It took 2 visits to convince me that I was over my head. I thought that I could call the IRS, appeal my tax notices and settle on a payment plan on my own. After many phone calls to the IRS, waiting sometimes more than 4 hours with no resolution to speak of, it proved to be extremely difficult and stressful. Revisiting Mr. Nick was a huge wake up call. My account was reviewed, and a payment plan was established with the IRS within a week. I will be forever grateful to the staff who worked on my case and especially to Lorna who listened to me vent while going through this painful process.
00:33 07 Aug 22
I cannot say enough good things about Nick and his team. When I first met with Nick he was up front, honest, friendly and efficient. When I worked with one of his attorneys, Eric B, I was just as pleased. All of the staff there are nice and very helpful. I wish I hadn't waited so long to get help with my issue. Over 6yrs I tried getting through and getting anywhere with the IRS and hardly made any progress. I know this may not be the case for all, and even I thought it would take longer than it did, but 3mos and they had my situation straightened out. I still can't believe it. Thank you thank you THANK YOU for all that you did for me. This is a huge burden gone out of my life now thanks to you. If anyone needs help out there, I know you may not want to shell out more money to get their help but it may just save you in the long run.
Spoilly GirlSpoilly Girl
23:49 03 Aug 22
The Nemeth Law team is exceptional. They treat their clients like a family member who is in crisis. They want you to get the best possible outcome. I really appreciate everything that they did for me. Jake and Ashley had the greatest role in my case and it all turned out for the best for me. Thank you Nick and team for easing my fears and getting me through the long process. I'm truly grateful.
Eddie WaltEddie Walt
19:44 12 Jul 22
During a time in which competent, professional service at a fair price seems to have disappeared, Mr. Nemeth and his team are a refreshing breath of fresh air.From my first phone call to the final settlement of our case with a non-responsive IRS, they under-promised, over-delivered and were in constant courteous contact to make sure we knew exactly what was happening and where we stood.I hope to never need their services again, but, should I receive another friendly letter from the IRS...I know who to call!
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