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Form 8857 for Syracuse New York: What You Should Know

Form 8857 does not allow you or your spouse to obtain a refund from the IRS and does not eliminate any additional tax liability incurred. Form 8857: Request for Innocent Spouse Relief Definition For an innocent spouse, the term “innocent spousal partner” means a spouse as defined in Section 267(b) of the Internal Revenue Code, 26 U.S.C.  This person receives treatment as a tax return applicant in all tax matters, including filing an ITIN.  For a spouse of an IT professional, “spouse” has a broader meaning than for a spouse of a taxpayer. This term applies to all family members of a tax return applicant (e.g., spouse, child, dependent), including a child of the taxpayer, or other persons who may be considered family members. The term refers to a person who is physically separated from the individual who is the spouse in all tax matters, including filing an ITIN. The term “spouse” also refers to a person who is emotionally unrelated to the individual who is the spouse in all tax matters, including filing an ITIN. This term is commonly used to refer to a single person who maintains a home with another who is the spouse. A person who is emotionally related and physically separated from an individual who is the spouse in all tax matters, including filing an ITIN, would be treated by the IRS as a spouse. It is important that the individual who is the spouse to be determined as well. A person who is emotionally related and physically separated from an individual who is the spouse in all tax matters, including filing an ITIN, but who is not an IT professional would be treated by the IRS as a non-spouse (generally a common law partner is treated similarly). A non-spouse would include a man who is the father of a son who is a minor or a minor who is not his son's legal guardian. The term “spouse” also refers to a person who is emotionally related and physically separated from an individual who is the spouse to the child of the tax return applicant, if the child is not entitled to an exemption.

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