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IRS re-examining innocent spouse rule after woman wins her case


The "innocent spouse" rule implemented by the Internal Revenue Service is supposed to benefit in-the-dark spouses from being liable for their partner's taxes, but one woman found out things aren't always as they appear.



By Eric Sanderson
June 27th, 2011

The "innocent spouse" rule implemented by the Internal Revenue Service is supposed to benefit in-the-dark spouses from being liable for their partner's taxes, but one woman found out things aren't always as they appear.

According to an article published by USA Today, Valarie Stephenson filed for divorce from her husband in 2008 and shortly after was notified by the IRS that she was responsible for the $66,000 in unpaid income taxes from a joint tax return dating back to 1999.

Stephenson applied for relief under the innocent spouse rule and, after an appeal, won her case. This has kick-started a debate regarding the effectiveness of the innocent spouse rule, with the IRS noting the need for taking a second look at the rule.

"We are seeing from our review so far that clearly our procedures need to be improved in this area," said Terry Lemons, IRS spokesman.

The IRS is also dealing with a spike in stolen identities affecting tax payers, with the recent announcement that 248,357 identities were reported stolen in 2010, up from 51,702 in 2008, according to the Government Accountability Office.






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