My Ex-Spouse's Tax Debt Is Now Mine
You filed joint returns during the marriage. Now the IRS is holding you responsible for your ex's tax problems.
The Problem
Joint tax returns create joint and several liability. Both spouses are fully responsible for the entire balance. A divorce decree that assigns the debt to your ex means nothing to the IRS. They can and will collect from either spouse.
The Solution
Innocent Spouse Relief under IRC section 6015. Three forms: traditional innocent spouse relief (you didn't know about the understatement), separation of liability (you're divorced or separated), and equitable relief (catch-all for situations where holding you liable would be unfair). The analysis is fact-intensive: what did you know, when did you know it, did you benefit from the understatement?
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