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Los Angeles California Form 8857: What You Should Know

The filer's income for the 2-year period prior to the filing of the petition must fall below the threshold for withholding under IRC Section 6654. Any form of relief may be granted subject to certain requirements in Form 8857. The request requires that the petitioner be informed that such relief is not intended as an admission of culpability under IRC Section 6454. The petitioner is required to identify the date of filing and if multiple filers are named in the petition, an individual who was not the primary respondent of the action is the “innocent spouse” and cannot also be named. Additionally, the petitioner must also state that the spouse is also innocent and not liable for the tax under IRC Section 6453. Under IRC Section 6451, a filing debtor, co-debtor, defendant/defendant, or joint obliged is not obligated to respond to a petition by the petitioner. However, if you believe that one spouse was a responsible party in a tax matter, and the filing spouse has been advised that the IRS has not been able to locate proof that the other spouse caused the tax. And a court has ruled that the filer is liable for the tax owing, then you may have a good defense from the IRS. If the IRS has determined that the filer owed the IRS under Section 6454(a) or 6455(a) and there is proof that the filing spouse was responsible for the tax, then the IRS can file a case to enforce that section. The filing spouse must submit evidence as outlined in IRC Section 6526. If you have been notified that you are liable for unpaid taxes after filing a timely tax return, and you believe that a court has ruled that the filing spouse was responsible for the tax. In that case, you should file the Petition to Enforce Section 6526 in small claims court. In case of the filing spouse not being the primary respondent of the action, a statement from the taxpayer's attorney stating whether the non-respondent had a legal right to object to the filing of the petition has been added to the Petition to Enforce Section 6526. The petitioner is not obliged to pay the amount that may be owed by the petitioner.

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