Federal back taxes

[wallieann]

What is the name of your state (only U.S. law)? MS

If I owe back federal taxes and am recently married does my husband need to file as married but filing separate or does he need to use the innocent spouse form (I'm not sure of the exact name of the form)? Thanks for your help.

 

[irsos]

What is the name of your state (only U.S. law)? MS

If I owe back federal taxes and am recently married does my husband need to file as married but filing separate or does he need to use the innocent spouse form (I'm not sure of the exact name of the form)? Thanks for your help.

You are close. The form is an Injured Spouse Claim. It generally is not as beneficial to file a seperate return as opposed to a joint return. However you do have the additional cost and/or hassle associated with the Injured Spouse Claim. I suggest you get a tax professional to help maximize your options. For 2009 each of you should adjust your withholding so that no refund is generated. That way, you get the money throughout the year and have no issues with Injured Spouse.