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When a married couple files a married filing jointly (MFJ) tax return, they become jointly and severally liable for any tax due. If you believe that your spouse should be the only person responsible for an erroneous item (unreported income or an incorrect deduction, credit or basis) on a tax return or an underpayment of a tax liability, you may be entitled to apply for innocent spouse relief. Married, separated, widowed and divorced spouses are eligible.

 

Married couples that file separately (MFS) in a community property state may also file for innocent spouse relief. Innocent spouse relief tax disputes often arise due to an audit/examination, underreporter notice or during the tax collection process.