INNOCENT SPOUSE FOR TAX PURPOSES IN A DIVORCE PROCEEDING IN ST. CLAIR, MONROE, MADISON COUNTY, ILLINOIS
THERE CAN BE AN ISSUE WHEN, IN THE CONTEXT OF A DIVORCE PROCEEDING, A SPOUSE MAY CLAIM THAT THEY DID NOT READ AND/OR UNDERSTAND AN INCOME TAX RETURN THAT THEY SIGNED BUT DID SO AS A MATTER OF ACCOMMODATION OR AT THE REQUEST OF THE OTHER SPOUSE.
IN OTHER WORDS, IF THERE IS A POSITION TAKEN BY THE INTERNAL REVENUE SERVICE THAT INCOME TAX RETURNS WERE FRAUDULENT AND/OR OTHERWISE INCORRECT AND THAT BOTH PARTIES TO THE MARRIAGE SHOULD BE LIABLE IF THEY FILED JOINT TAX RETURNS, A SPOUSE MAY CLAIM HE OR SHE WAS INNOCENT OF ANY WRONGDOING AND SHOULD NOT BE RESPONSIBLE FOR CERTAIN TAXES AND/OR ADDITIONS, INCLUDING AS INTEREST AND PENALTIES.
IF THE SPOUSE THAT CLAIMS HE OR SHE WAS INNOCENT, BENEFITTED FROM THE INCORRECT OR FRAUDULENT INCOME TAX RETURNS, SUCH THAT THERE WERE EXTRA MONIES AVAILABLE AND/OR EXPENDED THAT BENEFITTED THE SO-CALLED INNOCENT SPOUSE DURING THE COURSE OF THE MARRIAGE, THEN INNOCENT SPOUSE RELIEF MAY NOT BE AVAILABLE UNDER APPLICABLE TAX LAW.
Blake Behme Gilbreth Links, P.C.
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