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

______________________________________

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.
____________________________
You can follow me on twitter @peterreillycpa.