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Printable Form 8857 Visalia California: What You Should Know
You do not have to go to court for this request so as not to delay your submission for filing your federal tax return, or your subsequent filing with your federal tax return. Affected Persons. If a spouse is unjustly liable for the payment, the burden is on the taxpayer to prove that the other person willfully and intentionally failed to pay the tax and the tax should fall to the taxpayer. Example: John is a doctor who earned some extra income since he has been in practice. On Dec. 11, 2004, the IRS mailed him an overpayment notice and a Notice Letter with instructions for what to do. In 2005, the IRS assessed him a 50 overpayment. John submitted his tax return for 2023 reporting the overpayment and was able to claim the IRS overpayment relief on his return for 2006. To qualify for the relief, John had to show that the taxpayer had knowledge that he was making an improper payment. He could claim that he did not know the amount was wrong until after he received the notice and notice letter and the taxpayer knew he had made an improper payment. John could not claim that he had no knowledge of the overpayment and no idea that it was wrong. The Request for Innocent Spouse Relief is intended to help relieve the taxpayer from paying the overpayment and tax liability and to avoid the taxpayer taking the tax to court to prove the payment was wrong. A request for this relief must be filed with the relevant IRS office, whether you file Form 2340, 2345, or 2347. If you want you can use the Internet to file the request. What the Request for Innocent Spouse Relief Will Do If you wish to have this relief in return for full payment of tax owed, the IRS will withhold from your payment all interest you would have earned on the overpayment. If you are not entitled to the release, the IRS will apply the interest earned by interest on the overpayment. Note: The IRS will not be able to release interest, even if you do not agree with the tax consequences.
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