Legal Question in Tax Law in Ohio

Innocent Spouse Assistance -

I am divorced from a man who did not pay taxes (he was and is self-employed). I supported him since he would be gone for days at a time, and I never saw a check or received money from him, etc. He has owed taxes for years. We went through bankruptcy back in the '70's. When we divorced he got 1/2 of my pension and 401K. I want to be released from any taxes owed since I have always paid my taxes. What do I have to do and what kind of attorney do I need to find?


Asked on 10/03/01, 10:46 am

1 Answer from Attorneys
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Innocent Spouse Assistance -

The answer to your question is not simple and needs more facts as to how the tax arose and if joint returns were filed. Also, how was the matter handled in the divorce? These and other questions have to be answered before advising you on whether innocent spouse applies. The state in which you live can make a difference. For example, I practice tax law in Ohio and California. The result in certain circumstances would be different in both states because the Ninth Circuit, where CA is, takes a different view of knowledge than the Sixth Circuit, where OH is. What you need is a tax lawyer who recognizes those differences.

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Answered on 11/07/01, 8:37 pm


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