Legal Question in Tax Law in California

Ignorant Spouse Affidavit

Could you please tell me if there is such a thing with the IRS? I am getting a divorce and have had someone look over our Tax Filing for our Corporation. It seems that he has been filing false returns and I do not want to be responsible. I was told that there is an affidavit that can be filed with the IRS, not sure of the name, but could be ''Ignorant Spouse.'' Does this seem right.


Asked on 10/25/07, 11:38 pm

2 Answers from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Ignorant Spouse Affidavit

Under the new innocent spouse rules created by the IRS a spouse may obtain relief for false or fraudulent joint tax returns. However, there are certain requirements that must be met before a spouse qualifies under the rule. You should consult an Attorney to ensure that you are properly protected if you suspect fraudulent returns. The IRS can still impose liability even after the divorce if they discover the fraud in an audit of your joint returns.

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Answered on 10/26/07, 11:26 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Ignorant Spouse Affidavit

In the eyes of the IRS you may qualify as an Innocent Spouse.

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Answered on 10/25/07, 11:45 pm


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