Houston Tax Lawyer

Many couples file joint tax returns, and often they complete these forms themselves. Once the IRS goes over the return, they may find mistakes and come back to the couple, demanding more taxes. When filing a joint return, you are held jointly and separately liable for any taxes due. This means that together, and separately, you both owe the entire amount of the taxes owed. This applies even if you later divorce and have a divorce decree that indicates that your spouse will be responsible for those taxes.

However, there is an option for you to find relief from paying those taxes. Innocent spouse relief can relieve you of paying the taxes, interest and penalties associated with the taxes. A Houston tax attorney can help you understand and complete your innocent spouse relief case.

Criteria for Innocent Spouse Relief

To qualify for innocent spouse relief, you must meet the following four criteria:

• You must have filed a joint tax return with your spouse.
• There must be an understated tax on the return due to erroneous information entered by your spouse.
• You can show that, when you signed the return, you did not know and never had a reason to know that the information contained in it was erroneous.
• When looking at all the facts and circumstances, it wouldn’t be fair to hold you responsible for the amount of the understated tax.

While it makes no difference whether your spouse intentionally or unintentionally provided the erroneous information, you will have to prove that you meet these requirements.

Requesting Innocent Spouse Relief

You need to file Form 8857 Request for Innocent Spouse Relief in order to get the process going.

The IRS forms and instructions aren’t always clear and easy to understand. A Houston tax lawyer qualified in tax law and filing for Innocent Spouse Relief can move the process along more quickly and ensure you don’t make mistakes that might get your claim denied. The lawyers at Cantrell & Cantrell can help you get the process started and make it as painless as possible.