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Innocent Spouse Rule

Navigation:  Home > Tax Law > Innocent Spouse Rule


Generally, you are liable for any taxes due on a joint return you have filed, even if you are estranged or no longer married to your spouse unless you qualify under the Innocent spouse rule. To qualify, your spouse must have omitted income or made extra deductions, you didn’t know your spouse was doing so (or shouldn’t have known), if would be unfair to hold you liable for your spouse’s wrong, and you file an innocent spouse election with the IRS. If, however, you knew that your spouse understated income, you will be held liable for the joint return.

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