When you file a joint tax return, both spouses are generally held responsible for the full tax liability. This means that if your spouse or former spouse underreported income, claimed improper deductions, or misrepresented financial information, the IRS can pursue you for the entire balance.
In certain situations, you may qualify for Innocent Spouse Relief.
This program allows you to request that the IRS hold your spouse or ex-spouse solely responsible for the tax debt, penalties, and interest related to the improper reporting.
Innocent Spouse Relief is designed to protect individuals who were unaware of errors or omissions on a jointly filed tax return.
If approved, the IRS will shift collection efforts away from you and pursue the responsible spouse instead. This can stop wage garnishments, bank levies, and other enforcement actions tied to the joint liability.
Qualifying can be complex and requires strong documentation. Generally, you must show:
In many cases, divorce or separation is involved, but marital status alone does not automatically qualify you. The IRS reviews financial control, education level, involvement in finances, and whether you benefited from the underreported income.
The IRS closely evaluates Innocent Spouse claims and often requests detailed financial and personal information. Incomplete applications or weak explanations can result in denial.
Strategic presentation of the facts, supporting documentation, and a clear legal argument significantly improve the likelihood of approval.
With over 10 years of experience and more than 450 clients assisted, our firm helps Dallas taxpayers prepare and submit properly supported Innocent Spouse claims designed to withstand IRS scrutiny.
You should not be forced to pay a tax debt caused by someone else’s actions. If you believe your spouse or former spouse created a tax problem without your knowledge, you may have options.
Call (469) 626-7760 to schedule a confidential consultation with Margolies Law Office and find out whether you qualify for Innocent Spouse Relief.
“ Andrew Margolies did a great job for my mom who had paid her taxes, but the IRS failed to associate the payment with her account. She kept getting letters demanding payment with accrued interest and fees even though they had cashed her check.
After Andrew started working on it, the letters stopped. We were notified there had been a credit to my mom’s account, and finally the payment was properly applied with a zero balance. She is even receiving a refund.
We’re very happy with Andrew and would highly recommend him.”
“I came to Andrew Margolies with a significant IRS issue that I had been losing sleep over for months. I spoke with Jennifer on the phone, got in the same day for a consultation, and had a full resolution within 2 business days for a reasonable price. Andrew did exactly what he said he was going to do and provided me with a thorough resolution.
Being 9 months pregnant, Andrew was extremely sensitive to my timeline urgency and was on the phone with me at 5pm on a Friday helping me with my case.
Before meeting with Andrew, I called around to 10 different offices. All of those interactions felt like a sales funnel and a money grab. I can’t explain the relief I have having chosen to work with Andrew and having a resolution within days. We’re absolutely thrilled with the value and the experience.”
“100% recommended. I had a problem regarding my tax return since the beginning of 2023 and had been trying to follow up myself until 2025 with no progress. I decided to work with Attorney Andrew and Jennifer and in less than a month my problem was solved.
Attorney Andrew is very knowledgeable with reasonable fees and Jennifer is very responsive to all requests and questions. Most importantly they have business ethics. I will not look further if I have any more tax problems.”
