NJ Tax Talk: Benefits Case Advances Spousal Liability Relief

Law360 (November 15, 2019, 5:22 PM EST) -- The Internal Revenue Code gives innocent taxpayers a means of relief from joint and several liability for a spouse's or former spouse's underpayment or understatement of tax on a jointly filed tax return.

By obtaining innocent spouse relief, the requesting spouse is found to not be liable for a deficiency that stems from a spouse or former spouse's erroneous item on a jointly filed return or is relieved from paying tax (and the related penalties and interest) that is otherwise due from a joint return. Similar relief is offered by many states for state taxes.

To qualify for innocent spouse relief...

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