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Tax Relief for Innocent Spouses

If your spouse has caused you an unfair and undue tax burden, you may qualify for Innocent Spouse Relief.

Get Help Claiming Innocent Spouse Relief

When married taxpayers file a joint tax return, both spouses are 100% liable and responsible for paying the balance due of any tax, interest, or penalties assessed on that joint tax return. This includes balances due at the time of signing the return, as well as any future assessments due to understatement of tax for that tax year. In the event that you believe the person you filed the joint tax return with should be held solely liable for the balance due or assessment, you may be able to file an Innocent Spouse Claim.

There are three types of “Innocent Spouse” relief commonly referred to when a person believes their spouse (or former spouse) should be held liable for all or part of the balance due. The type of relief to be requested depends on the facts and circumstances of your situation:

  1. Innocent Spouse Relief – This type of relief is typically pursued when an understatement of tax is assessed as a result of a subsequent audit of a tax return you jointly filed. To be granted this relief, you must be able to show that at the time you signed the return, you did not know, or had no reason to know, about the understated tax.
  2. Separation of Liability Relief – Separation of Liability relief can be filed if the balance due on an understatement of tax is with a person you filed a joint tax return with and that you are now divorced or legally separated from (or is now deceased).
  3. Equitable Relief – You may qualify for this type of relief if you can show the IRS that it would be unfair to hold you liable for the understated or unpaid tax.

Don’t let your spouse’s mistake dictate your financial future. Get help pursuing tax relief today.

How We Can Help You Qualify for Innocent Spouse

Qualifying for Innocent Spouse is done on a case-by-case basis, and every situation is different. The facts and circumstances must be articulated, but the underlying reason for not holding one spouse liable, or less liable than the other spouse, is a fairness question. The case has to be made for why it would unfair to hold one spouse liable for another spouse’s tax or misstatements. We look at the relationship that existed between the spouses, and whether one spouse was abusive or controlling with the finances of the marriage.

When it comes to successfully negotiating Innocent Spouse Relief for a client, experience and knowledge is key. For over 45 years we have successfully represented taxpayers requesting Innocent Spouse Relief. We will advocate on your behalf using strategies and techniques that have proven successful time and time again. Even if you have previously filed an Innocent Spouse claim that the IRS has rejected, Lothamer can evaluate your situation and possibly refile your claim.

Tax Resolution Success Stories

Lothamer has been instrumental in the process of relieving me from my tax burden with the IRS.. Not only were they able to help with my back taxes but they also helped with state taxes and helped me build a proper foundation for my business so I can be legal and continue to pay taxes legally and efficiently. I highly recommend them to anyone who has tax debt and needs a hand navigating the complex and confusing tax system. They will help you!

William - Lansing, MI

In one phone call my stress about the situation went from 100 to 0. These people know what they are doing, they take the time to explain it to you in a way you’ll understand, and they are kind and compassionate while doing so. Nobody wants to deal with tax issues but when you need to these are the people to call. Don’t waste your time with anyone else.

Sarah T. - Fort Wayne, IN

During one of the most stressful times of my life Lothamer treated me with respect and kindness making a difficult process so much easier, I would and have recommended them to anyone.

Candi - Flint, MI
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Tax Resolution Success Stories

In trouble beginning in 2008, the process to settle my IRS debts went very smooth.

Duane - Standish, MI

Great people to work with. Staff is friendly and helpful.

Donald H. - Milwaukee, WI

Lothamer’s helped us out of a bad circumstance. They were very professional and response time was incredible!!!!

Kathy C. - Peoria, IL
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Your Roadmap to Resolution Starts Here

Within the first 24–72 hours, we can do more than what most other tax firms do in several weeks.


CALL OUR OFFICE to Learn More About Our Process for Getting Same-Day Tax Help

For a reasonable fee, we will call the IRS and request a Stay on Collection, obtain transcripts as to years unfiled, balances due, and income reported to the IRS, and provide a consultation within three days with a licensed attorney, CPA, or Enrolled Agent.



Our meeting with you will be a virtual meeting, using our proprietary video conferencing software, performed in the privacy of your office, home, or vehicle, with a licensed attorney, CPA, or Enrolled Agent. We will share our findings, discuss your options, and provide you with a plan to resolve your tax problem. At this meeting, we will give you an estimated cost for the services to carry out the plan developed.



Upon accepting the Terms & Conditions in our service agreement as outlined in Step 2, we will immediately go to work solving your tax problem. We will get you set up in our eResolution Client Portal, giving you access to critical deadlines and next steps to view the progress of your case.

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