Explain innocent spouse relief and how a client may qualify under this rule.

What will be an ideal response?


The innocent spouse relief concept is an IRS rule that allows an aggrieved spouse to fully or partially avoid liability arising from a joint tax return where a tax is assessed against his or her spouse. The spouse seeking this type of relief must file IRS Form 8857 Request for Innocent Spouse Relief and meet all of the following criteria:

• The couple has to have filed a joint return where there was an understatement (or deficiency) in
the tax due;
• The understatement must be due to the other spouse’s “erroneous item.” This means that the
spouse must have either excluded income from the joint return, took deductions or credits that
were disallowed, or incorrectly reported other information on the joint tax return; and
• At the time of signing the joint return, the spouse seeking relief did not know or should have
known that the return contained an understatement of tax.

Legal Studies & Paralegal

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Legal Studies & Paralegal

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Answer the following statement true (T) or false (F)

Legal Studies & Paralegal

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Fill in the blank(s) with the appropriate word(s).

Legal Studies & Paralegal