Protect Yourself From Your Spouse’s Tax Mistakes

Innocent Spouse Relief

At Franskoviak Tax Solutions, we help clients secure Innocent Spouse Relief when they are unfairly held responsible for tax debt caused by a current or former spouse. If your spouse filed a joint return that understated income, overstated deductions, or failed to pay what was owed—and you had no knowledge or involvement—you may not have to pay the resulting tax debt. 

We work with individuals in Michigan and across the U.S. to remove unjust IRS liabilities through strategic filings backed by strong legal and financial documentation. 

What Is Innocent Spouse Relief? 

Innocent Spouse Relief is a tax relief provision that allows a spouse to be relieved of responsibility for a joint tax debt if their spouse or ex-spouse made errors on a jointly filed tax return. If approved, you are no longer liable for the unpaid taxes, penalties, or interest from that return. 

This relief can apply to: 

Unreported income 

Improper deductions or credits 

Underpaid taxes 

To qualify, the IRS must be convinced that it would be unfair to hold you responsible for the tax debt. 

Who Qualifies for Innocent Spouse Relief? 

You may be eligible if: 

You filed a joint tax return 

Your spouse or ex-spouse made a significant error 

You had no knowledge or reason to know of the error 

Holding you liable would be inequitable 

You file Form 8857 within the allowed time frame 

At Franskoviak Tax Solutions, we review your financial records, IRS transcripts, and marital situation to determine if you qualify and build a case the IRS cannot ignore. 

Types of Innocent Spouse Relief 

There are three types of relief under the IRS innocent spouse provisions. Each serves different circumstances: 

1. Innocent Spouse Relief 

This relieves you of responsibility for taxes your spouse owed due to unreported income or errors you didn’t know about at the time of filing. You must file within two years after the IRS begins collection. 

2. Separation of Liability Relief 

Applies if you are divorced, legally separated, or no longer living with your spouse. The IRS splits the tax debt between you and your spouse based on what each person is responsible for. 

3. Equitable Relief 

This applies when you don’t qualify under the first two categories, but paying the debt would still be unfair. Often used in cases involving abuse, deception, or financial control. 

We determine the best route based on your situation and prepare all IRS documentation to pursue your relief claim. 

Example: Divorced Woman Escapes $57,000 Tax Debt 

A client in Oakland County, Michigan discovered she owed $57,000 in taxes from a joint return filed by her ex-husband. He had underreported income from a side business, and she had no idea it existed. 

We filed Form 8857, documented the lack of knowledge, and showed her financial situation post-divorce. After a 4-month review, the IRS granted full innocent spouse relief. The debt was wiped clean, and she avoided liens and garnishments. 

IRS Factors in Innocent Spouse Relief 

The IRS reviews several factors to determine if you should be granted relief: 

Did you benefit from the underreported income? 

Did you sign the return under duress or coercion? 

Were you abused or manipulated by your spouse? 

Were you financially dependent at the time? 

Did you question anything about the return? 

We guide you through gathering evidence, preparing legal arguments, and navigating the emotional and financial complexities of the situation. 

The Innocent Spouse Relief Process 

Working with Franskoviak Tax Solutions ensures you follow the correct steps to protect yourself. 

Step-by-Step: 

Review IRS notices and transcripts 

Analyze tax return for misstatements 

Collect evidence of lack of knowledge or unfairness 

File Form 8857 with full documentation 

Handle all IRS communication 

Respond to any additional requests 

Appeal if necessary 

We remain by your side throughout the process, shielding you from direct IRS contact and ensuring every deadline is met. 

IRS Notification to the Other Spouse 

By law, the IRS is required to notify the other spouse or ex-spouse when you file for innocent spouse relief. However, your current contact information and sensitive financial data are kept confidential. 

We help you navigate this sensitive communication with tact and legal care, especially in cases involving domestic abuse or coercion. 

Time Limits for Filing Innocent Spouse Relief 

Generally, you must file within two years after the IRS starts a collection activity—such as sending you a notice or garnishing wages. However, equitable relief can sometimes be filed beyond this period. 

We help you determine your eligibility and urgency, so no opportunity is lost due to deadlines. 

What If You’re Denied? 

If your claim is denied, you have the right to: 

File a written appeal with the IRS Office of Appeals 

Request a Tax Court review within 90 days of denial 

Explore alternative relief options such as Offer in Compromise or Currently Not Collectible 

We don’t give up easily. Our team explores all legal options to protect your rights and finances. 

 

Why Choose Franskoviak Tax Solutions? 

30+ years of IRS tax resolution experience 

Real solutions for innocent spouses and divorce-related tax issues 

Transparent pricing and full confidentiality 

Proven success with IRS Form 8857 claims 

Local service across Michigan and nationwide 

We fight for the fair treatment of innocent taxpayers—especially those caught in emotionally difficult circumstances beyond their control. 

 

Don’t Let Your Spouse’s Mistakes Destroy Your Finances 

If you're being held responsible for tax debt you didn’t cause, Innocent Spouse Relief could save you thousands and protect your future. You deserve a clean slate and fair treatment. 

Let Franskoviak Tax Solutions help you stand up to the IRS and separate your financial life from your spouse’s errors. 

Call (855) 829-3499 today or visit franskoviakcpa.com to schedule a confidential consultation.  

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