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Form 8857 for Hollywood Florida: What You Should Know

Under the Act, the Internal Revenue Service provides relief from tax liability to an individual who is an innocent spouse of the taxpayer. An innocent spouse relief request is a notice to the IRS seeking the relief, on behalf of the innocent spouse, from liability for the understatement of taxes. Innocent-Spouse Relief Acts of faith do not relieve of a person of a crime committed by someone else. To be exempt from tax withholding for a crime in a common law relationship, the individual must prove that the crime was committed by the individual with respect to whom that relationship was formed, or that the separate and independent crime occurred after separation or after death of the individual but before the individual became aware of it. In a marriage, there is no such requirement because of the common law requirement that the marriage existed before the crime, which does not require that a spouse was aware of it before the separation that created the common law relationship. An innocent-spouse request for relief may be based on one spouse's belief that the other spouse committed the crime. The belief is protected by the religious freedom of the belief, even though it is outside the marriage. Similarly, an innocent-spouse request may be based on the belief of a current or former spouse to the extent that that belief is not based upon knowledge of the crime. An independent criminal investigation or a finding based on evidence that the crime was committed by the person with whom the person's current or former spouse is cohabiting would be sufficient to support a request for forgiveness of tax. If the IRS concludes that the grounds for the innocent-spouse request are frivolous, invalid or unsupported, the request may be rejected. What Types of Claims Can You Make? Although an innocent spouse request does not result in relief against a tax debtor, the IRS provides tax relief to the taxpayer. In some cases IRS may find that tax relief is appropriate. For example, if there is significant evidence of wrongdoing by one or both of the spouses, the IRS may consider the innocent-spouse request to be one of the options that could help reduce the amount of tax owed. The IRS may consider a request for assistance when it believes that the tax debt could be significantly reduced by making use of the available tax benefits and remedies that are available to the taxpayer. Where an innocent spouse request is made, the tax-exempt status of the individual requesting relief is considered.

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