IRS Tax Relief Attorney
6983 E. Fowler Ave., Temple Terrace, FL 33617
Innocent Spouse Rule

What Is the Innocent Spouse Rule?

Don't Get Stuck Paying Taxes You Don't Owe. Get Answers from Attorney Brian Loughlin in Tampa!

Are you being unfairly pursued for back taxes incurred by your spouse or former spouse? Many married taxpayers choose to file a joint tax return because of certain benefits that this filing status allows. Both taxpayers signing a joint return can be held liable for the full amount of any taxes due.

This means that both taxpayers are jointly and individually responsible for the tax and any penalties & interest due on the joint return even if later divorced. This can be true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns. The main point is, one spouse may be held responsible for all the tax due, even if all the income was earned by the other spouse! It is important to seek a skilled Tampa IRS tax relief lawyer to get the legal assistance you need regarding the innocent spouse rule.

Schedule your free consultation with us today - contact us.

The IRS can take collection action against you, even garnishing your wages, for taxes your spouse or former spouse failed to pay. The purpose of the Innocent Spouse Claim is to remove your responsibility for taxes and penalties which you believe only your spouse or former spouse should be held liable for. There are specific rules that apply for eligibility and there are many situations under which an Innocent Spouse Claim may be asserted; Attorney Brian Loughrin can evaluate whether you are a good candidate - contact us today for your free review.

Proving the Innocent Spouse Rule

In order to take advantage of the Innocent Spouse Rule, you must prove 3 things:

1. That you were unaware of the understated income.

2. That you had no reason to be aware of the wrong tax claim.

3. That you did not benefit from your spouse's wrongful tax actions.

The innocent spouse will have to be prepared to demonstrate that your lifestyle (your automobile, your housing, your personal effects, etc.) is in keeping with the income that was reported on the tax return. If it is demonstrated that the innocent spouse was truly uninvolved and did not benefit from their spouses' tax misstatement, you may alleviate your tax problem.

For help with an Innocent Spouse Claim, contact a Tampa IRS tax relief lawyer today.

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  • Brian T. Loughrin Photo
    Brian T. Loughrin

    Tax Relief Lawyer

    Brian Loughrin is an experienced and knowledgeable tax attorney* who has represented clients for nearly 20+ years. His particular expertise in the area of IRS tax law coupled with his unique dedication to his clients' property rights have enabled him to secure successful results in numerous cases. His admission before the United States Tax Court (and US Supreme Court) allows him to see your tax matter thru to the highest levels as may be necessary. No matter the particular circumstances of your ...
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    Shelley

    Enrolled Agent

    As an Enrolled Agent, Shelley is federally authorized to represent taxpayers before the IRS for tax issues including audits, collections, and appeals. An Enrolled Agent status is the highest credential awarded by the IRS and is recognized in all 50 U.S. states. Shelley also has a Master’s Degree in Health Administration from the University of Oklahoma (Boomer Sooner!). Shelley says the transition from healthcare to tax controversy was a natural one as both rely heavily on helping people. In her ...
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    Garrett

    Receptionist/Intake Specialist

    Garrett is a student at Hillsborough Community College where he is studying Accounting. Previously, he worked for an electronics manufacturer as a Quality Assurance Inspector and Auditor. He achieved several QA certifications before joining Tampa Tax Relief. Garrett’s prior experience provides him with the necessary skills to assist the legal team. Garrett’s hobbies include Esports, working out, hunting, and listening to music. Garrett@TampaTaxRelief.com Get started on your free consult - ...
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