Call Now (800) 681-1295
Close

Signed joint return that was wrong. Can I be granted relief

Table of Contents

    Many marriages include arrangements where one partner will handle the financial affairs of both of the spouses. In a situation similar to that, it can be easy to see how one spouse might be completely in the dark as to the items listed on a jointly-filed tax return. But, the act of “turning a blind eye” and signing the return without review can create serious complications when attempting to claim innocent spouse relief.

    One of the requirements of any of the three types of innocent spouse relief is that the partner claiming innocent spouse did not know or have reason to know of the erroneous item on their jointly-filed taxes. Not reading the return before signing it works against the innocent spouse in that it may not satisfy the taxpayer’s duty of inquiry.

    The IRS and courts have established that spouses have a duty to review their joint returns and inquire as to their validity if a reasonably prudent taxpayer in the requesting spouse’s position would have questioned a deduction or tax liability in general.

    If the taxpayer requesting innocent spouse relief can show that they inquired or attempted to inquire about the validity of an item of income or deduction but the other spouse assured them that the items of the return were correct, the United States Tax Court has determined that the duty of inquiry has been met.

    Making a showing that a taxpayer whom is requesting innocent spouse relief did not know or did not have reason to know of erroneous tax return item carries a large burden of proof. There are several factors that must be considered when making such an assertion.

     

    Tax Help Videos

    Representing Clients from U.S. and International Locations Regarding Federal and California Tax Issues

    tax lawyers

    Main Office

    Orange County
    2601 Main St. Penthouse Suite
    Irvine, CA 92614
    (949) 681-3502

    Our headquarters is located in Irvine, CA. Our beautiful 19,700 office space is staffed full-time and always available for our clients to meet with our highly qualified and experienced staff of Attorneys, Certified Public Accountants and Enrolled Agents. We also offer virtual consultations and can travel to meet with clients in one of our satellite offices.

    Outside of our 4 hour initial consultation option, we do not charge travel time or travel expenses when traveling to one of our Satellite offices, or surrounding business districts, where it is necessary to meet personally with taxing authority personnel, make court appearances, or any in person meeting deemed necessary for the effective representation of a client. To make this as flexible, efficient, and convenient as possible, David W. Klasing is an Instrument Rated Private Pilot and Utilizes the Firms Cirrus SR22 to service client’s in California and in the Southwest by air. Offices outside these areas are serviced via commercial jet airlines. None of these costs are charged to our clients.

    Satellite Offices

    California
    (310) 492-5583
    (760) 338-7035
    (916) 290-6625
    (415) 287-6568
    (909) 991-7557
    (619) 780-2538
    (661) 432-1480
    (818) 935-6098
    (805) 200-4053
    (510) 764-1020
    (408) 643-0573
    (760) 338-7035
    Arizona
    (602) 975-0296
    New Mexico
    (505) 206-5308
    New York
    (332) 224-8515
    Texas
    (512) 828-6646
    Washington, DC
    (202) 918-9329
    Nevada
    (702) 997-6465
    Florida
    (786) 999-8406
    Utah
    (385) 501-5934