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QUESTION FOR LAWYERS; Not a legal question per se.
ironjohn929
Member Posts: 1,497 ✭✭✭✭✭
I am trying to find legal foundation for an argument, which is more than likely going to be found in the I.R.C.
Regarding the separation of liability between husband and wife, when each file income taxes as "Married Filing Separately," the general consensus is that separation of liability exists.
In conducting due diligence on the subject, the only instrument I have been able to locate that supports this position is the logical inference of I.R.S., Pub. 501, p.6.; however, I am looking for a more resolute reference in the law.
I have conducted an extensive search of I.R.C., Title 26, which outlines personal income tax, but have not been able to locate any provision that addresses the subject.
It is my hope that you can point me in the right direction. I am not necessarily looking for the direct answer, although it would be nice, but any help would be much appreciated.
Thank you,
-IJ
Regarding the separation of liability between husband and wife, when each file income taxes as "Married Filing Separately," the general consensus is that separation of liability exists.
In conducting due diligence on the subject, the only instrument I have been able to locate that supports this position is the logical inference of I.R.S., Pub. 501, p.6.; however, I am looking for a more resolute reference in the law.
I have conducted an extensive search of I.R.C., Title 26, which outlines personal income tax, but have not been able to locate any provision that addresses the subject.
It is my hope that you can point me in the right direction. I am not necessarily looking for the direct answer, although it would be nice, but any help would be much appreciated.
Thank you,
-IJ
Comments
Try "IRS Innocent spouse" on the internet.
gruntled,
Thank you much for the input. I am quite familiar with "Innocent Spouse" measure, however, and unfortunately, it only has standing with individuals whom are party to a joint filing. Thanks though!!!
-IJ
-IJ
Ask about an opinion or determination letter.
They really are helpful if you ask nicely.
Thanks for the tip!
It is appearing, however, that this case is going to be argued in the gray areas and deductive logic, rather than by precedent, as I was unable to find any 10th District cases that spoke to the issue, ugh! If you're interested, I'll keep you updated on the progress.
-IJ
Good idea! However, and as expected, the lady on the other end of the line at the IRS couldn't quote the law. Lol!
-IJ
quote:Originally posted by bigoutside
Have you dialed the IRS helpline yet?
Ask about an opinion or determination letter.
They really are helpful if you ask nicely.