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Innocent Spouse relief ? Will he qualify?

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Racosta

Junior Member
What is the name of your state (only U.S. law)? California
I have a complicated scenario. For the last few years, my spouse and I have filed jointly. We each gather our own documents W-2s etc. and send them to my brother in law who files for us and signs for us using a pin. i personally have never seen our returns before they are filed but i know from the irs letter that this issue is entirely my fault. In 2013, I received a settlement from a former employer who wrongfully terminated me and there were some medical issues as a result of some stress they caused. either way, my husband did not now about the money. I handled all our finances. I was a bookkeeper for 7 years so he trusted me to handle our finances. I did not give him any money and he did not benefit from it. I did not tell the tax preparer either since this was his brother and I didn't want him to know. Quite frankly, I didn't think the settlement was taxable and i didn't want anyone to know about the money. I paid off some personal debt acquired before we got married and invested and lost some of it. This year we got a letter in the mail stating that we owed $11,000. He questioned me about it and found out about my unclaimed money and subsequent lack of taxes being paid on it. They are holding our refund because of the money owed. He is the only one who worked so the refund is entirely from his contributions. He always pays his taxes but now gets nothing because of me. I feel really bad for him because it has put him under a lot stress and he isn't even guilty of anything. Can he file for innocent spouse relief? I know they consider education but I don't know how much it matters. I am graduating with a degree this May. He had less than a high school education when I met him but now has a GED and a few college classes. Will he get approved if he files himself? If I give him a notarized letter from me taking the blame, will that help? We have never, ever not claimed something before. We both file every form we get, but since I didn't think it was taxable, I didn't think anyone needed to know about it. What are the options?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? California
I have a complicated scenario. For the last few years, my spouse and I have filed jointly. We each gather our own documents W-2s etc. and send them to my brother in law who files for us and signs for us using a pin. i personally have never seen our returns before they are filed but i know from the irs letter that this issue is entirely my fault. In 2013, I received a settlement from a former employer who wrongfully terminated me and there were some medical issues as a result of some stress they caused. either way, my husband did not now about the money. I handled all our finances. I was a bookkeeper for 7 years so he trusted me to handle our finances. I did not give him any money and he did not benefit from it. I did not tell the tax preparer either since this was his brother and I didn't want him to know. Quite frankly, I didn't think the settlement was taxable and i didn't want anyone to know about the money. I paid off some personal debt acquired before we got married and invested and lost some of it. This year we got a letter in the mail stating that we owed $11,000. He questioned me about it and found out about my unclaimed money and subsequent lack of taxes being paid on it. They are holding our refund because of the money owed. He is the only one who worked so the refund is entirely from his contributions. He always pays his taxes but now gets nothing because of me. I feel really bad for him because it has put him under a lot stress and he isn't even guilty of anything. Can he file for innocent spouse relief? I know they consider education but I don't know how much it matters. I am graduating with a degree this May. He had less than a high school education when I met him but now has a GED and a few college classes. Will he get approved if he files himself? If I give him a notarized letter from me taking the blame, will that help? We have never, ever not claimed something before. We both file every form we get, but since I didn't think it was taxable, I didn't think anyone needed to know about it. What are the options?
He can try for innocent spouse relief. That is about the only option.
 

single317dad

Senior Member
How will the IRS ever recover any of the due taxes, if not from your joint return?

Suck it up, pay what you owe, beg your husband's forgiveness, get a job, and contribute to the payment of this debt.
 

Zigner

Senior Member, Non-Attorney
It seems to me...

If the money is taxable, then it was considered income akin to wages. As such, in CA (a community property state), it is half his. Thus, he is justifiably responsible for half the taxes.
 

FlyingRon

Senior Member
Well it would depend whether the amount came from an action before they were married as to whether it is separate property or not.

However, I don't think he's going to get innocent spouse relief anyhow. While he probably meets the "innocent" test, the marital estate certainly had benefit of the underpaid money. Also his refunds are part of the marital estate. I'm failing to see how this would be construed as unfair to be withheld.
 

davew128

Senior Member
I'm with Zigner. Absenting something that makes this a pre-marital settlement, its community property and the community benefited. The odds of innocent spouse are slim and none. That said, there's something wrong when one spouse doesn't want the other to know about taxable income, and the spouse's brother is a tax preparer.
 

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