1transcendentalist
2falsewitness
Thomas Piketty3 360x1000
Ruth Bader Ginsburg 360x1000
1lauber
storyparadox2
Gilgamesh 360x1000
Thomas Piketty2 360x1000
Samuel Johnson 360x1000
3albion
Office of Chief Counsel 360x1000
1trap
Maurice B Foley 360x1000
Thomas Piketty1 360x1000
6albion
1paradide
Mary Ann Evans 360x1000
13albion
1albion
499
7albion
Margaret Fuller1 360x1000
Margaret Fuller3 360x1000
2defense
LillianFaderman
12albion
storyparadox3
Anthony McCann2 360x1000
3paradise
11632
1confidencegames
Spottswood William Robinson 360x1000
AlexRosenberg
2transadentilist
Tad Friend 360x1000
11albion
299
Edmund Burke 360x1000
Mark V Holmes 360x1000
5albion
Storyparadox1
10abion
9albion
Richard Posner 360x1000
5confidencegames
14albion
2paradise
Anthony McCann1 360x1000
2albion
George F Wil...360x1000
1empireofpain
Betty Friedan 360x1000
4albion
2jesusandjohnwayne
2lafayette
1gucci
Adam Gopnik 360x1000
1defense
3defense
2confidencegames
Maria Popova 360x1000
4confidencegames
3confidencegames
199
8albion'
7confidencegames
Learned Hand 360x1000
Margaret Fuller5 360x1000
Susie King Taylor 360x1000
2trap
1lafayette
Margaret Fuller2 360x1000
Margaret Fuller4 360x1000
6confidencegames
lifeinmiddlemarch2
2gucci
1theleasofus
1jesusandjohnwayne
George M Cohan and Lerarned Hand 360x1000
Margaret Fuller 2 360x1000
James Gould Cozzens 360x1000
1falsewitness
Stormy Daniels 360x1000
Brendan Beehan 360x1000
1lookingforthegoodwar
lifeinmiddlemarch1
399
1madoff
Susie King Taylor2 360x1000
2lookingforthegoodwar
Margaret Fuller 360x1000
Lafayette and Jefferson 360x1000
2theleastofus
3theleastofus
Originally Published on forbes.com on January 27th, 2012

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It is a real tragedy that someone can escape an abusive marriage, only to find themselves being pursued by the IRS for the abuser’s tax debts.  How does it happen ? Filing a joint return will usually result in a married couple having a lower federal tax than the total of two married filing separate returns (The total of the two returns as single might be even lower, but that is not an option if you are married).  It is rare for couples or their tax advisers to seriously consider filing separately even for the last year of a marriage.  I believe that this is a mistake.  Filing jointly, which is an irrevocable election, has a price – joint and several liability.  An irrevocable election is something you can choose to do, but cannot undo.  Joint and several liability means that the IRS can collect the entire amount of any deficiency from either spouse.  The deficiency can come either from an audit or from the return being filed without full payment.
There is the possibility of relief for “an innocent spouse”, but it can be difficult to obtain.  The good news is that the IRS recently announced that it is going to make it somewhat easier particularly for spouses who have been abused.  That piece of good news came in Notice 2012-8, early this month:
Review of the innocent spouse program demonstrated that when a requesting spouse has been abused by the nonrequesting spouse, the requesting spouse may not have been able to challenge the treatment of any items on the joint return, question the payment of the taxes reported as due on the joint return, or challenge the nonrequesting spouse’s assurance regarding the payment of the taxes. Review of the program also highlighted that lack of financial control may have a similar impact on the requesting spouse’s ability to satisfy joint tax liabilities. As a result, this proposed revenue procedure provides that abuse or lack of financial control may mitigate other factors that might otherwise weigh against granting equitable relief under section 6015(f).
The analysis that is done in an innocent spouse case is a weighing of factors.  One of the factors that weighs against relief is knowledge (including what should be known) that the return is wrong or that the tax will not be paid.  Abuse is a factor that weighs in favor of relief.  What they seem to be saying is that abuse might cancel out the knowledge factor rather than just weigh against it.
There is additional relief concerning the effect of the community proper laws and the possiblity of granting relief even on tax attributable to the requesting spouse’s income when the other spouse ran off with the funds to pay the tax.
Here is the better news.  The Chief Counsel has ordered IRS attorniesto apply the new standards to all the cases that are in the pipeline.  If you are currently involved in an innocent spouse case it would be a good idea toprint out both those notices and wave them in front of whoever you are dealing with.  When you are having IRS trouble, there are three different faces of the IRS you might be dealing with.  CID carries guns and can arrest you and, knock on wood, in thirty years I have never had to deal with them.  From what I have heard of them, they think of themselves as law enforcement. Exams are the people who audit you and difficult as they may be, all they can ultimately do is send you a bill.  They are very similar to tax practitioners.  Innocent spouse cases are in the hands of collections.  They don’t carry guns, but they are authorized to request armed escort.  They can be a little hard nosed sometimes and although they can’t arrest you they can, after a greater or lesser amount of due process, actually take your stuff away from you or tell other people to pay them what they owe you.  They don’t always keep up to the minute on developments, which is why I recommend you print out the notices. One of the most gratifying moments in my blogging career was when someone wrote me and told me that they were able to close a deal after their attorney showed an IRS collections guy a notice they had learned about from my blog.  Who knows ? Maybe lightning will strike again.
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You can follow me on twitter @peterreillycpa.