IRS Innocent Spouse Tax Relief with The Law Offices of Nick Nemeth
  • August 30, 2018
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Many married taxpayers file a joint tax return to qualify for the tax benefits it entails. In cases, wherein one of the spouses improperly reports or omits an item, the other spouse doesn’t have to suffer the consequences. In such cases, the innocent spouse can seek IRS innocent spouse relief by filling out Form 8857. Although innocent spouse tax relief has many benefits, there are many misconceptions associated with it. If you are planning to file innocent spouse tax relief but need a better understanding, speak with the IRS attorneys at the Law Offices of Nick Nemeth. Continuing the discussion, in this blog post, we burst five myths about the IRS Innocent Spouse tax relief. Read on.

Myth 1: Innocent Spouse Tax Relief is a lengthy procedure

Fact: The duration of the Innocent Spouse tax relief process is about 5 to 6 months, after which a final determination is made. During the processing time, the IRS asks for your tax information and contact the non-requesting spouse.

Myth 2: Taxpayers should wait to file Innocent Spouse Relief

Fact: Taxpayers need not wait to file their innocent spouse tax relief. You can file your current return and the IRS will not hold any refund that is due.

Myth 3: Both spouses cannot request relief

Fact: According to the IRS each spouse has right to file a Form 8857 to request innocent spouse tax relief from a number of liabilities such as tax, interest, and penalties.

Myth 4: Relief can be filed in cases of Tax Understatement

Fact: You may find many situations in which you owe tax that is actually owed by your spouse. You and your spouse, for instance, file a joint return that reports $10,000 of income, but you knew that your spouse was not reporting $5,000 of dividends. In such a case, you will not be eligible for innocent spouse relief if you were aware about the understatement.

Myth 5: Spouses can reapply for relief after being denied by the IRS

Fact: Spouses cannot re-apply for relief after being denied by the IRS. The only time you can re-apply for relief is if the relief was denied because you were considered still married at the time the request for relief was filed and you now want to separate the liability.

Wrap Up

If you want to learn more about IRS Innocent spouse tax relief, speak with the IRS tax attorneys at the Law Offices of Nick Nemeth. No matter the complexity of your problem, we are always ready to help. To schedule a no-obligation free consultation with Nick and learn how we can help you with IRS related tax problems, simply call (972) 426-2553 or fill out our contact form and we will get back to you, shortly.

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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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