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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.
Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits.
The IRS innocent spouse phone number is 866-681-4271.
Alternatively, you can fax the form and attachments to the IRS at 855-233-8558.
Well review your request and contact your spouse or former spouse to ask if they want to participate in the process. We may take up to 6 months or longer to review your request. While you wait, continue to file and pay your taxes as usual.
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Form 8857 covers all types of relief, including Innocent Spouse Relief, Separation of Liability, and Equitable Relief, so you dont need to decide which one fits your situation. The IRS will review your information and determine the most appropriate type of relief for which you may qualify.
You may request innocent spouse relief if: You filed a joint return with your spouse. Your taxes were understated due to errors on your return. You didnt know about the errors. You live in a community property state.
If you didnt receive a notice, contact the Bureau of the Fiscal Services Treasury Offset Program (TOP) call center at 800-304-3107 (or TTY/TDD 800-877-8339), Monday through Friday 7:30 a.m. to 5 p.m. Central time.

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