Tax problems? I understand.
I solve serious tax problems every day.
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Texas Board of Legal Specialization
One Greenway Plaza
Suite 100
Houston, TX 77098
ph: 832-341-4599
fax: 713-561-3692
Spouses that file joint tax returns are each responsible for the tax even if they later divorce and a divorce decree states that one of the spouses will pay the tax. The IRS can hold either spouse responsible even if all the income was earned by the other spouse and not shared.
If your spouse or ex-spouse understated the tax on a jointly filed return, you may be eligible to be released from the obligation for the tax liability and the related interest and penalties. You must show the IRS that the understatement of tax is attributable to your spouse and that you had no reason to know of the understatement.
Three types of relief are available.
These defenses must be asserted within 2 years after the IRS has begun to try to collect the tax from you. You have the burden of proof so it is important to gather and organize the evidence while it is still available.
Married persons who file separate returns in community property states (Texas) may also qualify for relief.
Imagine receiving your divorce decree and shortly thereafter receiving a K-1 tax form from your ex showing that you owe half the taxes on his business!
Sadly, many divorce lawyers neglect to obtain sufficient information to protect their innocent spouse clients. Do not agree to the terms of your divorce if it fails to deal with all property and debts.
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One Greenway Plaza
Suite 100
Houston, TX 77098
ph: 832-341-4599
fax: 713-561-3692