Michigan Innocent Spouse Lawyer
When the IRS sends notice of a tax debt tied to a joint return, it can be a shock, especially when that debt stems from a spouse or ex-spouse’s mistakes or omissions. These situations can carry serious financial and legal consequences, which is why working with an experienced tax attorney is so important.
At Bendure & Thomas, we have been representing Michigan taxpayers since 1977. Our firm, based in Bloomfield Hills, handles cases involving innocent spouse relief, separation of liability and equitable relief to help clients find the right solution for their situation. If facing joint tax liabilities, call 248-782-6869 to request a free consultation to discuss your options with a Michigan innocent spouse lawyer today.
Who Needs Innocent Spouse Relief In Michigan?
This page is for individuals who:
- Have been surprised by a joint tax assessment after an audit or collection action.
- Are divorced or separated and now face unexpected tax debt.
- Worry about IRS penalties, liens or possible criminal exposure connected to a spouse’s return.
- Want confidential, legally protected help from a Michigan innocent spouse attorney, not just accounting guidance.
These situations require careful legal handling to protect your future and resolve tax issues effectively.
What Is Innocent Spouse Relief?
Under federal tax law, three types of relief may be available:
- Innocent spouse relief: Applies when one spouse is held liable for a tax understatement caused by the other’s errors.
- Separation of liability: Divides the debt between former or separated spouses
- Equitable relief: May apply when neither of the other two options fits, but holding you responsible would be unfair.
Each option has specific deadlines and procedural differences that our Bloomfield Hills attorneys can explain during your consultation.
Who Qualifies For Innocent Spouse Relief?
When reviewing your claim, the IRS and courts consider several factors:
- Knowledge: Whether you knew or had reason to know about the understatement. This may depend on your access to financial records, education level and involvement in filing returns.
- Marital status: Whether you are divorced, separated or still married affects your eligibility for certain relief types, such as separation of liability.
- Fairness and hardship: For equitable relief, the IRS examines fairness and your financial situation, including whether paying would cause hardship.
- Misconduct or involvement: If you helped conceal income or participated in the error, relief may be denied.
- Deadlines: Requests generally must be filed within two years after the IRS begins collection activity, though some exceptions apply.
Our Michigan innocent spouse attorneys help clients evaluate eligibility and file timely, well-supported claims.
What Must You Prove And Document?
To strengthen your claim, you will need clear documentation. Common items include:
- Copies of joint tax returns and IRS notices.
- Bank statements, pay stubs or financial records showing your role in household finances.
- Divorce decrees, separation agreements or correspondence showing relationship status.
- Evidence you lacked knowledge of the errors, such as limited access to financial records or proof of deception.
- Records showing current financial hardship, like bills or income statements.
- Witness statements or affidavits supporting your claim.
Proper documentation helps the IRS and courts see the full picture and strengthens your case for relief.
How Bendure & Thomas Can Help
With offices in Bloomfield Hills, we serve clients across Michigan. We analyze your situation to determine which form of relief best applies. Our attorneys prepare and file your request, communicate directly with IRS representatives and pursue appeals when needed.
If relief is denied, our lawyers have decades of experience litigating in tax court and federal courts throughout Michigan. We maintain confidentiality through attorney-client privilege and negotiate liens, penalties or payment solutions where possible.
What To Expect In The Process
Our process includes:
- Initial consultation and document collection
- Detailed legal analysis
- Submission to the IRS
- Review and potential follow-up requests
- Administrative decision or litigation, if necessary.
IRS reviews can take several months, and litigation timelines vary. Throughout each stage, we keep clients informed and prepared.
Frequently Asked Questions
Below are questions we encounter in innocent spouse relief.
Can I get relief if I signed the return?
Yes. Signing alone does not automatically bar relief. The IRS looks at whether you knew about the understatement.
Does divorce guarantee the separation of liability?
Not always. Eligibility depends on the timing of your separation and the facts of your case.
How long does the IRS take?
Processing times vary. Our team helps ensure all documentation is complete to speed up review.
What if the IRS denies my request?
We can file an appeal or pursue your case in tax court.
Should I hire a tax attorney or a CPA?
For relief and litigation matters, a lawyer offers legal strategy, confidentiality and courtroom representation that CPAs cannot provide.
Take The Next Step Toward Relief
If you believe you may qualify for innocent spouse relief or separation of liability, contact Bendure & Thomas through 248-782-6869 or request a free consultation online. Our Bloomfield Hills tax attorneys can help you gather key documents, including IRS notices, returns and divorce or separation records.