innocent spousse relief letter?
I need help writing a letter to IRS, i’m not to good at it.
Basically a tax return for a previous year was investigated 07, back in that time i was married and me and my ex-wife filed married together, she used to make 55,000 a year and i used to make 33,000 a year. Very simple to see: she had to pay back to IRS around $2000 and i was supposed to receive money back (including education credits). so, we decide to file together, in that way combining the earning and the expenses, she would not have to pay back anything and i’d receive less money. but it didn’t matter , we were married.After that year we got divorced in 08.
the IRS contacted me as the filing person in 09 saying they needed proof of some medical expenses and miscellaneous deductions we claim we had. I contacted my ex, and after many fights again(about who claim what) we put together a package with back up for expenses, but it was incomplete, some things, receipts, proof, were lost due to our relocations.
Now, the IRS decision says that i owe more than $3000 and they already retaining my 09 tax return as dwn. pymt., they say i still owe money and that if i don’t pay interest are accruing. This is complete unfair, because my ex had expenses that she couldn’t prove or got lost, and they just making me pay for everything!, They say i should ask her for half of the penalties; but, i don’t know where she lives, or what she does, and there’s is no way she will give me half of the penalties(i know for a fact) We are “DIVORCED”
If we made i mistake filing that return, we should pay, but is not my entire responsibility. please help writing a good letter and hopefully receive some relief, because right now, i have other responsibilities, like being a father of a 1 year old baby and creating a new family..
i forgot to mention, when i call the IRS they dont uderstand that we are divorced and that penalties or whatever, should be splited. they say: theres is one filing and is under your name, you get with your ex and make her pay you half???
they dont care.
Originally posted 2010-04-29 07:01:31. Republished by Blog Post Promoter
,,Innocent Spouse Relief ,What is an IRS Assessment Letter? ,i need help writing a letter to the IRS? ,Canadian (quebec) Income Tax return: I get money back, then the government wants half back, why? ,i am writing an abatement letter to convince the IRS.? ,Comments (4)
I would call the IRS office and tell them the mistake. I failed to put down money I took from one of my IRA’s which I dont suggest to any one to invest in and 2 years later got a (note) from the IRS of the interest and penalites I owed on in. I suggest Annuties with an Ins company since you dont have to pay a penalty if with draw funds before age 55 or what ever it is now.
They aren’t just going after you for this, they’re also going after her although they might not tell you that. They’ll take the money from whoever they can get it from.
This is the downside of filing a joint return. File form 8857, and good luck.
To whom it may concern,
Enclosed is a certified copy of the divorce decree of John and Jane doe. I have received a letter explaining penalties incurred for the tax year of xxxx and as you can see the previously mentioned couple were in fact still legally married and as such should split these penalties. My SSN is 123-45-6789 the the other is 987-65-4321. I have enclosed the most recent address for my X. Please contact her for her responsibility in this matter. I have had no such luck in getting a response from said individual. I do appreciate your understanding and patience. I have contacted the medical establishment where said services were rendered. I have enclosed the billing from their office. I hope have addressed concerns with this account to your satisfaction. Please advise on re-adjusted amount owed.
Gratefully,
John doe
Follow the instructions on form 8857.
The divorce decree will be looked at with the form; even if it says she agrees in the divorce to pay all back taxes, it would not be NOT binding on the IRS. (And since the money wasn’t owed at the time fo the divorce, the paperwork is probably silent on this.)
The problem of course, is that you signed a joint return that included a large schedule A. You didn’t realize that it would be prudent to a) make a copy of every receipt used on that schedule A (so that either one of you would have them to respond to an audit) and b) *review* the validity of every receipt used. Too many deductions regularly gets questioned by the IRS.
While you can argue these weren’t *your* business expenses, as soon as you signed the tax return, you agreed they were yours as well. Any additional refund benefited both of you. (Had you filed MFS, you would have not gotten use of the education credits, so you would have possibly have owed anyway.) On the 8857, you have to show either that you didn’t benefit (difficult), that you didn’t understand the business side of the house and thus didn’t have the skills to question the disallowed expenses, or that it would be unfair to hold you liable.
Roughly 50,000 Innocent Spouse forms are processed each year. 75% get zip. 25% go some relief. The form is free to file.
Here’s the pub, and form:
http://www.irs.gov/pub/irs-pdf/f8857.pdf
http://www.irs.gov/pub/irs-pdf/i8857.pdf
http://www.irs.gov/app/vita/globalmedia/p971.pdf