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Old 02-18-2013, 09:03 PM
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Please help, form 8857

my ex husband and i owe back taxes to state of ohio, now with interest and penelties its over $5000.00..this is from 2007. We divorced in 2011, divorce decree states i am not responsible to pay any debt that occured during our marriage. So Feb 21,2012. My ex husband died. I worked 6 months in 2012, when I did my taxes last month state of ohio offset my state refund for $93.00, now will they take my federal also. And I heard about the innocent spouse relief, should I try to file this form (8857)? And I dont even know where to start or what to do. SHould i get a lawyer? I am so overwhelmed with this



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Old 02-19-2013, 12:44 PM
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“And I heard about the innocent spouse relief, should I try to file this form (8857)? And I dont even know where to start or what to do.
==========> You should use Form 8857 if you believe you should not be required to pay tax, interest, and penalties due for a tax year for which you filed a joint tax return with your spouse. Generally, when you file a joint tax return, both you and your spouse are responsible for all the tax and any interest and penalties for that tax year. This is true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns. However, the return may not have shown the correct tax because, for example, of income your spouse received but did not report. If you believe you should not be responsible for the additional tax, interest, and penalties, you can ask the IRS to relieve you of that responsibilityby filing form 8857. If you are unsure but think you may qualify, you needs tofileForm 8857. The IRS will review the form and attachments, calculate tax, and let you know if you qualify. To qualify for innocent spouse relief; You filed a joint return that had grossly erroneous items that resulted in a substantial understatement of tax shown on the return; You establish that when you signed thejoint return you did not know, and had no reason to know, that there was a substantial understatement of Tax;Considering all the facts and circumstances, it would be unfair to hold youresponsible for the understatement of tax and related penalties and interest.Assume that You filed a joint return with your spouse for2009, but you were divorced later in 2010. The IRS is now billing you for $2,000 in additional tax and penalties on your 2009 return. The additional tax resulted from $6,000 of income from your spouse’s business that was not reported on your joint tax return. You were not aware of this income and had no reason to know about it because of the way your spouseconducted the business. You also had no access to the money because your spouse did not use the money until after the divorce. You believe it would be unfair to make you pay the tax because you did not benefit from the unreported income. You may qualify for innocent spouse relief and should request it on Form 8857.
“ SHould i get a lawyer? I am so overwhelmed with this”============>I guess you can contact a tax pro/ a tax attorney in your local area for more info in detail for your fed/state returns.



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