IRS Innocent Spouse Relief - Rush Tax Resolution

Our tax attorneys at Rush Tax Resolution are professionals in providing IRS innocent spouse relief and can help settle your tax debts. Call for a free consultation.

Let Us Help You Break Free from a Tax Burden You Don’t Deserve

If your spouse made tax errors or hid income on your joint return, Rush Tax Resolution can help you request innocent spouse relief and fight for the fairness you’re entitled to. Don’t carry the weight of someone else’s mistake. Schedule a free consultation today.

Many married taxpayers choose to file a joint tax return because of certain benefits this filing status allows. Both taxpayers are jointly and individually responsible for the tax and any interest or penalty due on the joint return, even if they later divorce. 

This is true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns. One spouse may be held responsible for all the tax due, even if the other spouse earned all the income.
In cases of the IRS innocent spouse relief, a spouse will be relieved of the tax, interest, and penalties on a joint tax return.

There are three types of relief available:

  • Innocent spouse relief
  • Separation of liability
  • Equitable relief

If the qualifications for one are not met, it is possible to qualify for the others. These mechanisms can relieve you from being responsible for unpaid back taxes, penalties, and interest incurred as a result of the joint tax return that was filed. Each mechanism has different specific requirements that need to be met in order to qualify for the type of relief.

Innocent spouse relief is known to be one of the more difficult types of relief to obtain from the IRS. Many cases are denied because of mistakes made during the filing process or due to a lack of professional representation. Because of this, it's important to get representation before filing for relief.

When working with the attorneys at Rush Tax Relief, you are more likely to determine if you meet all the requirements. If you do, you are also more likely to receive higher quality resolutions and relief.

RUSH TAX RESOLUTION ARE EXPERTS IN IRS TAX RELIEF AND CAN HELP. DON'T WAIT – GET YOUR FREE CONSULTATION TODAY!

Get Help Now!
  • This field is for validation purposes and should be left unchanged.

Understanding Who May Qualify for Innocent Spouse Relief

Not every situation qualifies for IRS innocent spouse relief, but if your joint return included an understatement of tax due to your spouse’s error, and it would be unfair to hold you liable, so, you may be eligible for relief.

You may also have a valid claim under the IRS rules if you were unaware of unreported income, deductions, or credits incorrectly claimed by your spouse or ex-spouse.

Other factors may include whether you significantly benefited from the unpaid tax, your marital status at the time of the audit or collection, and whether you are separated from your spouse. Our team will review your circumstances carefully to establish eligibility and provide professional representation.

How Equitable Relief Works When Other Options Don’t Apply

Equitable relief is an option available when taxpayers are not eligible for innocent spouse relief or separation of liability but face unfair responsibility to pay tax, penalties, or interest due to special circumstances.

This relief considers factors such as whether you knew or should have known about the understatement or error on the joint return and whether it would be unfair to hold you liable. Our tax attorneys can assess your situation to determine if you are eligible to request equitable relief and guide you through the process.

How Domestic Abuse Affects Innocent Spouse Claims

Domestic abuse can significantly impact your eligibility for innocent spouse relief or equitable relief.

If you were subjected to domestic abuse, whether physically, emotionally, or financially, you may qualify for equitable relief even if you signed a joint return. The IRS considers abuse as a major factor that may impact your ability to challenge, understand, or consent to the filing, making you eligible for special consideration.

We understand how domestic abuse factors into IRS decisions and can help you present a strong case showing that it would be unfair to hold you responsible for the tax liability.

The Importance of Filing a Joint Return and Its Implications

Filing a joint return offers tax benefits but also means both spouses share joint and several liability for the taxes, penalties, and interest due. Even if you played no part in the understatement or had no knowledge of the error, you remain liable unless you request innocent spouse relief or another form of separation. It is crucial to understand this responsibility and act promptly if you think you may be unfairly liable.

Steps to Successfully Request Innocent Spouse Relief

Requesting innocent spouse relief requires accurate filing and meeting stringent IRS criteria. Many requests are denied due to errors, missing consent forms, or a lack of supporting evidence.

Our experienced attorneys ensure your application is properly completed with detailed documentation, addressing all questions the IRS will review during their audit and appeal processes, increasing your chances of a successful outcome.

If you already filed an innocent spouse relief request and got denied, you have the right to appeal the decision. Navigating this process can be complex, but with professional help, you can effectively contest wrongful denials and protect yourself from collection activities.

Protect Yourself from Unfair Responsibility

Many taxpayers face wrongful liability simply because they signed the joint return or were unaware of their spouse’s tax situation. It’s important to challenge any unfair responsibility to pay taxes, penalties, or interest due to errors or understatement on a joint return.

Our lawyers work to separate your liability and ensure the IRS understands your true responsibility, easing your burden and protecting your financial future.

Reach out today, and our skilled team will review your case, explain your options, and work tirelessly to relieve you of unfair tax responsibility. Call now for a free consultation.

Frequently Asked Questions

Who qualifies for IRS Innocent Spouse Relief?

You may qualify if you filed a joint return and there was an understatement of tax due to your spouse’s error, such as unreported income or incorrect deductions, and you didn’t know or have reason to know about it.

Eligibility is also influenced by your marital status, whether you benefited from the error, and whether it would be unfair to hold you liable.

What are the different types of innocent spouse relief available?

Penalty relief allows eligible taxpayers to reduce or eliminate IRS penalties for failure to pay or file. You may qualify due to reasonable cause, first-time abatement, or financial hardship.

How does domestic abuse affect my eligibility for relief?

Penalty relief allows eligible taxpayers to reduce or eliminate IRS penalties for failure to pay or file. You may qualify due to reasonable cause, first-time abatement, or financial hardship.

What steps should I take to request innocent spouse relief?

Penalty relief allows eligible taxpayers to reduce or eliminate IRS penalties for failure to pay or file. You may qualify due to reasonable cause, first-time abatement, or financial hardship.

What happens if my innocent spouse relief request is denied?

Penalty relief allows eligible taxpayers to reduce or eliminate IRS penalties for failure to pay or file. You may qualify due to reasonable cause, first-time abatement, or financial hardship.

Am I automatically relieved from responsibility once I file for innocent spouse relief?

Penalty relief allows eligible taxpayers to reduce or eliminate IRS penalties for failure to pay or file. You may qualify due to reasonable cause, first-time abatement, or financial hardship.

Payroll - Trust Fund - 941 Tax Relief

Investigation and Analysis

If you owe any Payroll 941 – corporate tax – sales tax – personal tax do not call the IRS on your own before you speak to our Special Task Force. You have rights!

Other Locations

25350 Magic Mountain Parkway
Suite 300 Valencia, CA 91355

Corporate HQ

445 S. Figueroa Street, 31st FloorLos Angeles, CA 90071
855-477-2255
© 2025 Rush Tax Resolution
Privacy Policy
885-477-2255
Free, confidential case review
885-477-2255