Tax resolution

Discuss a joint-return problem with the facts in view.

We review clients' circumstances and help with Innocent Spouse Relief applications when appropriate.

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Craig L. Elggren, CPA, PC · Gilbert, Arizona

One shared sheet split into two halves, each over its own stack of records.
Illustration

A tax issue involving a spouse or former spouse can be difficult to untangle. Begin with the returns and notices involved and the question you want to resolve. This service provides a route for discussing the circumstances and whether an application for relief is relevant to the matter.

At a glance

The notice determines the starting question

Spouse-related tax concern

Read what changed on the account

Separate the questions
Additional joint-return tax

May raise an innocent spouse relief question

Joint refund applied to debts

May raise an injured spouse relief question

The IRS distinguishes these relief concepts. A notice type alone does not establish eligibility. Background resource

Identify the return and the issue

List the tax years, whether the returns were filed jointly and the notice or adjustment that prompted the concern. Describe the issue in your own words. It is more useful to make the facts clear than to decide in advance which legal or tax label applies.

  • Tax years and returns involved
  • Notices or adjustments received
  • Questions about reported information
  • Relevant correspondence or prior responses

For the wider context, explore tax resolution services. You can also compare irs records review with the questions described here.

Prepare the background carefully

Our work includes reviewing the situation before determining the available options. An initial outline can identify what information you had at the time, what has changed and which parts of the record you need help understanding. Detailed personal information should be shared through arrangements agreed with the office.

Keep the tax question connected to the wider matter

A joint-return dispute may overlap with separation, divorce or another legal proceeding. Let the office know if an attorney is involved and what the attorney is handling. The tax review and any legal advice should have clear roles. Eligibility and the outcome of an application depend on the particular circumstances and requirements.

Distinguish two similarly named forms of relief

The IRS distinguishes innocent spouse relief, involving additional tax connected to errors on a joint return, from injured spouse relief, involving a refund applied to a spouse's separate debts. Those labels describe different issues. Begin with whether you received a bill for additional tax or lost part of a refund, then identify the return and notice involved. A disagreement between spouses does not by itself establish eligibility. The IRS spouse relief overview provides a starting explanation, while an individual review needs the details of the return, the correspondence and the circumstances surrounding it.

Prepare a factual account of the return and communications

Write a timeline that identifies when the return was prepared, what documents you had and when you learned of the issue. Separate direct knowledge from information someone else later provided. Keep copies of the return, relevant notices and any earlier responses. If a statement in a document is disputed, identify the statement and the reason rather than rewriting the document. The aim is a clear factual account for professional review. Include whether another adviser or attorney is involved and whether there are practical concerns about communicating or sharing information.

  • The joint return and affected tax years
  • The notice explaining the additional tax or refund offset
  • Dates when you received information about the issue
  • Existing adviser involvement and communication concerns
Overlapping records in sequence, ending with a copper-outlined blank card.
IllustrationPrepare a factual account of the return and communications, with unresolved details clearly identified.

Example: a refund offset compared with additional tax

Illustrative example: one person receives a notice that a joint refund was applied to a spouse's debt. Another receives a notice increasing tax because income was omitted from a joint return. Although both people may describe the problem as a spouse's tax issue, the starting questions differ. The first concerns the refund offset; the second concerns the return and additional liability. This example makes no determination about either person's entitlement. Bringing the actual notice helps avoid beginning with the wrong label and makes the discussion about the facts more useful than a general description of marital responsibility.

Keep related legal issues in the appropriate conversation

Separation, divorce and disagreements over financial records may bring legal questions alongside the tax issue. Explain whether counsel is already involved and which documents or facts the tax discussion needs to address. Ask what information will be required, what the review covers and which response dates need attention. This work differs from ordinary tax preparation because the question concerns responsibility connected to a particular existing return or notice. It also differs from arranging payment of an agreed balance. A clear scope helps you understand the immediate information needed without assuming that a particular relief request is appropriate or will succeed.

For innocent spouse relief support, see the Gilbert office and service area.

Before we talk

Common questions.

Ask the office
Can the office help with an application?

Yes. The service expressly describes reviewing circumstances and filing for Innocent Spouse Relief when appropriate.

Should I assume I qualify because my spouse handled the return?

Qualification should be considered through an individual review. Start with the returns, facts and correspondence rather than an assumed outcome.

What should I include in the first message?

Name the tax years, the type of notice and any date requiring attention. Mention whether a related legal matter is already being handled by an attorney.

Contact

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the Gilbert office.

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What can the office help with?

A sentence or two is enough.

Please leave out tax identifiers, account details, and documents. Provide at least one way to reach you.

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