
Form 12509 Rev December , Fill in Version
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People also ask
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What are the factors for equitable relief for an innocent spouse?
Factors that determine fairness Your marital status. Economic hardship you might suffer without relief. Whether you knew or had reason to know about your spouse's understated or unpaid tax. Whether you're legally obligated to pay the tax. Whether you signNowly benefited from not paying tax or underreporting your tax.
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How many days do you have if the tax court denies your appeal for innocent spouse relief?
Each appeal will be considered by a panel of three ALJs. Following OTA's consideration of the evidence in your appeal, it will issue a written decision. If you do not agree with OTA's decision, you will have 30 days to file a petition for rehearing.
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Can the IRS come after my wife for my debt?
If you file jointly, both spouses are generally jointly and severally liable for the tax debt. In this case, the IRS can pursue either spouse for the entire amount owed. This means that both spouses are individually and collectively responsible for any taxes, interest, and penalties owed on a joint tax return.
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Where to send form 12509?
Complete Form 12509 and send it, along with any supporting documentation, to the IRS address listed on your determination letter. Keep in mind, the Tax Court's scope of review is limited to the information the IRS had for its initial decision—it can't consider any newly discovered or previously unavailable evidence.
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What does the IRS look for in an innocent spouse claim 8857?
You may be allowed innocent spouse relief only if all of the following apply. erroneous items (defined below) of the person with whom you filed the joint return. know and had no reason to know that the understated tax existed (or the extent to which the understated tax existed).
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What is form 12509?
To appeal a decision, complete Form 12509, Innocent Spouse Statement of Disagreement PDF. Present your information in chronological order and give specific dates.
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What is the IRS form 8857 used for?
Taxpayers file Form 8857 to request relief from tax liability, plus related penalties and interest, when they believe only their spouse or former spouse should be held responsible for all or part of the tax.
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How do you win innocent spouse relief?
How to request relief. To request relief, file Form 8857, Request for Innocent Spouse Relief. Form 8857 covers innocent spouse relief, separation of liability and equitable relief. You don't have to try to figure out which type of relief best fits your situation.
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