Injured or Innocent Spouse

The terms injured or innocent spouse have very specific meanings in tax law. When they become matters of legal contention and possible adjudication they can have significant consequences on refunds due and/or debts owed by the respective partners in a marriage.

• Refund. When a couple files a joint tax return, one of the parties may have a debt that is not also a debt of the other party. The spouse that is not in debt is considered the injured or innocent spouse. In such a case, the innocent spouse can ask for a share of the tax refund. A formula is used to determine that amount.

• Debt. What do you do if your spouse has a tax liability that you had nothing to do with, you may not even been aware of, and you believe you should not be held responsible for it? Relief is available under these circumstances. But, it is not automatic. It also is not a simple thing to prove.

In most instances, because of the nature of what is in dispute and the emotions produced when resolving personal monetary issues, it is always best to consult a Michigan tax attorney who understands and is experienced in dealing with the tax code.

Contact Bendure & Thomas today

Bendure & Thomas is skilled at handling injured or innocent spouse matters, and assist in finding a path to resolution. For reliable and professional legal help for your tax issues, contact our Michigan tax attorneys today.